Chapter 2 - Kerala Govt Logo

Chapter 2Policy, Legislation and Regulation2..1.. IInttrroducttiionThe indiscriminate development in the State has led to various environmental issues;some of them are irreversible and catastrophic. These issue are linked to the presentstatus/ use of natural resources such as land, water, air, flora, fauna etc., the drivers ofenvironmental degradation such as population growth, inappropriate technology, consumptionchoices, poverty etc and undesirable impacts from intensive agriculture, improper landuse,indiscriminate mining, polluting industries, and unplanned urbanization. Over the years, it haschanged the intrinsic relationship between people and ecosystems and caused drasticenvironmental degradation. The introduction of the Kerala Panchayat Raj Act 1994 and theKerala Municipalities Act 1994 enables the Local Governments (LG) to have vast powers in allthe matters in their jurisdiction including environment protection/ conservation. These Actscontain provisions for the prevention and control of pollution, elimination of nuisance andenvironmental protection and conservation. Apart from these, the Government of Kerala andthe Government of India enacted a number of comprehensive laws, rules and regulations andissued guidelines and circulars pertaining to environmental protection which also cast variousduties and responsibilities on the LGs. Thus, LGs have a major role in the environmentalupkeep of the State. The salient aspects of the policy, legislation and regulation andprogrammes of Government of India and Government of Kerala are compiled and reviewedhere.2..2.. Goverrnmentt off IIndiia:: Polliicy,, Legiissllattiion and RegullattiionConservation, protection and preservation of environment have been the cornerstone of theIndian ethos, culture and traditions. It has been enshrined in our Constitution also. India is oneof the first in the world to recognize the importance of environmental conservation. The Indianconstitution enjoins the “States to take measures to protect and improve the environment andto safeguard the forests and wildlife of the country”. It also makes it a “fundamental duty ofevery citizen to protect and improve the natural environment including forests, lakes, riversand wildlife and to have ecological compassion for the living creatures”. Accordingly,legislation for environmental protection started long back in the country. However, attemptsto make comprehensive laws on environment initiated only after the UN Conference on HumanEnvironment at Stockholm on 5th June 1972. The Water (Prevention and Control of Pollution)Act 1974 has been the first legislative measure on environment in our country. Subsequently aseries of legislations, rules, notification and guidelines have been introduced. Some of theseenactments, rules and regulations, confer certain duties and responsibilities directly orindirectly, on the Local Governments. The following sections attempt a review of thesepolicies, enactments and government programmes .

Chapter 2Policy, Legislation and Regulation2..2..1.. Polliicciiess2.2.1.1. National Forest Policy 1988National Forest Policy, 1988 and the subsequent policy documents and approaches to forestconservation and management, together aim at ensuring environmental stability andmaintenance of ecological balance. Direct economic benefits shall be subservient to theabove. The objectives shall be:1. Preservation/restoration of critical catchment areas of streams, rivers and other waterbodies.2. Conservation of natural heritage of local wild biodiversity through preservation ofnatural habitats3. Increase forest and tree cover through identifiable stakeholder groups in private andpublic lands.4. Produce fuel-wood, fodder and small timber requirements of the rural populations5. Encourage efficient utilization of forest produce for reduction of consumption6. Minimize pressure on existing forestsThe Local Governments (LGs) shalli. work through identifiable stakeholder groups for bringing about 1⁄3rd of the area underforest/tree cover in ordinary areas and 2⁄3rd of the area in hilly regions and outsidedesignated forest areas. The stakeholder groups shall be fully involved inpreservation/creation and protection of natural habitats and the critical catchmentareas mentioned as item 2 above.ii. support the stakeholder groups in the above activitiesiii. support conservation educationiv. not support forest based enterprises except that at village/cottage level unlessavailability of raw materials are fully assured but without sacrificing the basicrequirement of the local population. However, LGs can encourage forest basedenterprises to raise required raw-materials (including NTFPs) through publicparticipation outside forest areas.v. undertake environment protection and conservation outside forests through peoplesparticipation at the local level.vi. establish local level institutions for afforestation of areas outside forests, formulaterules for the same and undertake afforestation.vii. encourage private forestry among land owners andviii. assist stakeholders in utilizing and marketing the productsIt is suggested that the following areas may be selected for management outside designatedforest areas:i. Ecologically fragile areas (Seashore, Inland water bodies and shores, wetlands, watercourses etc. These are Public Trust properties with open and limited access)ii. Biodiversity rich habitats (sacred groves, bird habitats etc.)iii. Institutional lands (Land available with public and private institutions)iv. Public lands (Land available with various Public Departments)v. Plantations (Own/lease lands with private individuals and companies)vi. Homesteads

Environmental Assessment ReportKerala Local Government Strengthening Projectvii.Any other land found suitable by the appropriate authorityThe activities will be planned, implemented and the resources will be maintained andmonitored by the institutions created for the purpose, viz.Grama Haritha Samithy at Ward Level comprising of stakeholdersPanchayat Haritha Samithy at Panchayat Level comprising of all Grama Panchayat WardMembers - Ex-officioBlock Haritha Samithy at Block LevelDistrict Level Haritha Co-ordination Committee at District Level chaired by DistrictPanchayat PresidentFor management in designated forest areas, PFM institutions in forest areas have to supportthe Forest Department in protection of forests and their biodiversity. In order to fulfill theobjective they are required to prepare and implement plans for:• Management of fires to reduce forest degradation• Introduction of sustainable NTFP harvesting practices to reverse the declining trend ofgrowth of valuable NTFPs.• Application of indigenous knowledge of local communities on forests and biodiversitymanagement.• Promotion of biodiversity related intellectual property rights and harnessing thisstrength for forest management.• Promotion of non-invasive eco-tourism in forest areas• Stopping illicit collection of forest produce• Stopping illicit activities in forests.• Stopping further encroachment into forestareas.• Reversing localized environmental degradationsuch as seasonal water shortage and soilerosion resulting from deforestation inwatersheds/catchments.The PFM institutions can undertake VillageDevelopment Programmes (Eco-developmentProgrammes) keep in view their commitment to theforests and the biodiversity for which detailedactivities are included in their micro plans.The Local Governments in Kerala, ingeneral, are not making use of theprovisions contained in the policy,even in the forest fringe Panchayats.However, there are new initiativesbeing taken through the convergenceof NREGS and management plans ofForest Department. The ESMFproposed will enable theidentification of permissibleactivities and encourage conservationmeasuresThe micro plans look at various aspects ofsustainable resource (forest as well as other resources) mobilization and incorporate activitiesfor utilizing them for socio-economic and cultural advancement. The LSGs can contribute toPFM by supporting the PFM institutions for undertaking various activities suggested in the microplans. Concerned Grama Panchayat Ward Member is an Ex-officio Member of the VanaSamrakshana Samitis (VSS)/Eco Development Committee (EDC) s (the PFM institutions in forestareas)22

Chapter 2Policy, Legislation and Regulation2.2.1.2. National Water Policy 2002The earlier National Water Policy was adopted in September 1987 and a revised policy hasbeen adopted by the National Water Resources Council in April 2002. Recognizing water as aprecious national asset, the National Water Policy embodies the Nation‟s resolve that planningand development of water resources should be governed by the national perspective. Thepolicy recognizes drainage basin as the basic unit of planning for development of waterresources and calls for appropriate measures to optimize utilization of this resource not onlyfor the benefit of the people living in the basin, but also for transfer of surplus water to meetthe requirements of areas which have shortage of water. The principal elements of the policyare:-Water is a precious national resource and its development should be governed by thenational perspectives;The available resources, both surface and ground water, should be made utilizable to themaximum extent;Planning for water resources to be on the basis of the hydrological unit such as a drainagebasin or sub-basin. Appropriate organizations should be established for the planneddevelopment and management of the river basins as a whole;Water should be made available to areas where there is a shortage by transfer from otherareas including transfers from one river basin to another, after taking into account therequirements of the basins ;Project planning for development of water resources should, as far as possible, be formultiple benefits based on an integrated and multidisciplinary approach having regard tohuman and ecological aspects and special needs of disadvantaged sections of the society;In the allocation of water, ordinarily first priority should be for drinking water, withirrigation, hydro-power, industrial and other uses following in that orderThe ground water potential should be periodically reassessed and its exploitation regulatedwith reference to recharge possibilities and consideration of social equity;Due care should be taken right from the project planning stage to promote conjunctive useof surface and groundwater;Maintenance, modernization and safety of structures should be ensured through properorganizational arrangements;There should be close integration of water use and land use policies and distribution ofwater should be with due regard to equity and social justice;Efficiency of utilization should be improved in all the diverse uses of water andconservation consciousness promoted through education, regulation, incentives anddisincentives;Water rates should be such as to foster the motivation for economy in water use and shouldadequately cover the annual maintenance and operational charges and a part of the fixedcost;Farmers should be progressively involved in the management of irrigation system;There should be a Master Plan for flood control and management for each flood pronebasin. In flood control and management, the strategy should be to reduce the intensity offloods by sound watershed management and provision of adequate flood cushion in water

Environmental Assessment ReportKerala Local Government Strengthening Projectstorage projects wherever feasible to facilitate better flood management of each floodprone basin;Land erosion by sea or river should be minimized by suitable cost effective measures.Indiscriminate occupation of, and economic activity in coastal areas and flood plain zonesshould be regulated;Needs of drought-prone areas should be given priority in the planning of projects fordevelopment of water resources. These areas should be made less vulnerable through soilmoistureconservation measures, water harvesting practices, the minimization ofevaporation losses, the development of ground water potential and transfer of surfacewater from surplus areas where feasible andappropriate. Pastures, forestry or other modes ofdevelopment which are relatively less waterdemanding should be encouraged;A national information system on water resourcesshould be established with a net-work of databanks and data bases integrating and strengtheningthe existing Central and State level agencies;Since Kerala has brought out its ownWater Policy which brought out statespecific priority and action areas inconsonance with the regional naturalresource scenario, the National policymay not be of direct relevance to theESMFTraining and research efforts should be intensified as an integral part of water resourcesdevelopment programmes.The policy highlights overall water resource scenario in the country and suggests theimportance of inter-basin transfer as a mode to achieve broad based equitable water resourcedistribution. It provides an overall guidance as to how water resource management can beachieved though may not be universally adoptable considering the socio-environmentalvariations across the country.2.2.1.3. National Health Policy 2002The main objective of this policy is to achieve an acceptable standard of good health amongstthe general population of the country. The approach would be to increase access to thedecentralized public health system by establishing new infrastructure in deficient areas, andby upgrading the infrastructure in the existing institutions. Overriding importance would begiven to ensuring a more equitable access to health services across the social and geographicalexpanse of the country. Emphasis will be given to increasing the aggregate public healthinvestment through a substantially increased contribution by the Central Government. It isexpected that this initiative will strengthen the capacity of the public health administration atthe State level to render effective service delivery. The contribution of the private sector inproviding health services would be much enhanced, particularly for the population group whichcan afford to pay for services. Primacy will be given to preventive and first-line curativeinitiatives at the primary health level through increased sectoral share of allocation. Emphasiswill be laid on rational use of drugs within the allopathic system. Increased access to tried andtested systems of traditional medicine will be ensured.This Policy broadly envisages a greater contribution from the Central Budget for the delivery ofPublic Health services at the State level. The Policy highlights the expected roles of differentparticipating groups in the health sector. Further, it recognizes the fact that, despite all that24

Chapter 2Policy, Legislation and Regulationmay be guaranteed by the Central Government for assisting public health programmes, publichealth services would actually need to be delivered by the State administration, NGOs andother institutions of civil society.With regard to role of LSGIs in Health Sector, thepolicy points out that some States have adopted apolicy of devolving programmes and funds in thehealth sector through different levels of thePanchayati Raj Institutions. Generally, the experiencehas been an encouraging one. The adoption of such anorganizational structure has enabled need-basedallocation of resources and closer supervision throughthe elected representatives. NHP-2002 lays greatKerala’s achievements in Pubic healthsector have been remarkable, anddecentralization and involvement ofLocal Self governments in publichealth sector interventions have sofar been largely positive. Thenational policy, as a whole brings inconvergence with the localgovernance and hence influences theESMF.emphasis upon the implementation of public health programmes through local self-governmentinstitutions. The structure of the national disease control programmes will have specificcomponents for implementation through such entities. The Policy urges all State Governmentsto consider decentralizing the implementation of the programmes to such Institutions by 2005.In order to achieve this, financial incentives, over and above the resources normativelyallocated for disease control programmes, will be provided by the Central Government.2.2.1.4. National Agricultural Policy 2003The National Policy on Agriculture seeks to actualize the vast untapped growth potential ofIndian agriculture, strengthen rural infrastructure to support faster agricultural development,promote value addition, accelerate the growth of agro business, create employment in ruralareas, secure a fair standard of living for the farmers and agricultural workers and theirfamilies, discourage migration to urban areas and face the challenges arising out of economicliberalization and globalization. Over the next two decades, it aims to attain:A growth rate in excess of 4 per cent per annum in the agriculture sectorGrowth that is based on efficient use of resources and conserves our soil, water and biodiversity;Growth with equity, i.e., growth which is widespread across regions and farmers;Growth that is demand driven and caters to domestic markets and maximizes benefits fromexports of agricultural products in the face of the challenges arising from economicliberalization and globalization;Growth that is sustainable technologically, environmentally and economically.To attain these, the policy outlines the following focus areas.Sustainable agriculture: The policy aims to promote technically sound, economically viable,environmentally non–degrading and socially acceptable use of country‟s natural resources –land, water and genetic endowments.Food and nutrition security: Special efforts will be made to raise the productivity andproduction of crops to meet the increasing demand for food generated by unabateddemographic pressures and raw materials for expanding agro-based industries. A majorthrust will be given to development of rain-fed and irrigated horticulture, floriculture,

Environmental Assessment ReportKerala Local Government Strengthening Projectroots and tubers, plantation crops, aromatic and medicinal plants, bee-keeping andsericulture, for augmenting food supply, exports and generating employment in the ruralareas. Development of animal husbandry, poultry, dairying and aqua-culture will receive ahigh priority in the efforts for diversifying agriculture, increasing animal protein availabilityin the food basket and for generating exportable surpluses. An integrated approach tomarine and inland fisheries, designed to promote sustainable aquaculture practices, will beadopted.Generation and transfer of technology: NAP calls for according very high priority toevolving location specific and economically viable improved varieties of agricultural andhorticultural crops, livestock species and aquaculture. There is added emphasis onregionalization of agricultural research based on identified agro climatic zones.Inputs management: Adequate and timely supply of quality inputs such as seeds, fertilizers,plant protection chemicals, bio-pesticides, agricultural machinery and credit at reasonablerates to farmers will be the endeavour of the Government.Incentive for agriculture: Agricultural policy repeats the policy concerns echoed in thebeginning of green revolution to provide favourable economic environment for promotingfarm investments through (1) removal of distortions in the incentives (2) improvement interms of trade with manufacturing (3) external and domestic market reforms.Investment in agriculture: Public investment for narrowing regional imbalances,accelerating development of supportive infrastructure for agriculture and ruraldevelopment particularly rural connectivity will be stepped up.Institutional structure: NAP advocates land reforms by focusing on consolidation ofholdings, redistribution of surplus/waste land among landless, tenancy reforms,development of lease market and recognition of women‟s rights in land. Other areas listedfor policy attention are private sector participation through contract farming, assuredmarkets for crops especially for oilseeds, cotton and horticultural crops, increased flow ofinstitutional credit, strengthening and revamping of cooperative credit system. The policystates that the rural poor will be increasingly involved in the implementation of landreforms with the help of Panchayati Raj Institutions, Voluntary Groups, Social Activists andCommunity Leaders.Risk management: Price fluctuation and naturalcalamities are recognized as main factor forimparting instability to condition of farmers. NAPsuggests Agriculture Insurance Scheme covering allfarmers and all crops throughout the country withbuilt in provision for insulating farmers fromfinancial distress. Other measures suggested underthis are (1) enhancing flood proofing and droughtThe policy provides an overallframework for planning food securityactivities. However, the platform ofactions envisaged in the policy is verybroad. As such it is not veryresponsive to local environmentalscenario and hence may not influencethe ESMF.proofing through (2) ensuring remunerative prices through announcement of MSP and (3)future trading in agriculture products.Management reforms: Effective implementation of policy initiatives will call forcomprehensive reforms in the management of agriculture by the Central and the StateGovernments. The Central Government will supplement/complement the StateGovernments' efforts through regionally differentiated Work Plans, comprising26

Chapter 2Policy, Legislation and Regulationcrop/area/target group specific interventions, formulated in an inter-active mode andimplemented in a spirit of partnership with the States.2.2.1.5. National Environmental Policy 2006The National Environment Policy is intended to be a guide to action: in regulatory reform,programmes and projects for environmental conservation; and review and enactment oflegislation, by agencies of the Central, State, and Local Governments.The policy also seeks to stimulate partnerships of different stakeholders, i.e. public agencies,local communities, academic and scientific institutions, the investment community, andinternational development partners, in harnessing their respective resources and strengths forenvironmental management. The dominant theme of this policy is that while conservation ofenvironmental resources is necessary to secure livelihoods and well-being of all, the mostsecure basis for conservation is to ensure that people dependent on particular resources obtainbetter livelihoods from the fact of conservation, than from degradation of the resource.The principal Objectives of this policy are enumerated below.i. Conservation of Critical Environmental Resources: To protect and conserve critical ecologicalsystems and resources, and invaluable natural and man-made heritage, which are essential forlife support, livelihoods, economic growth, and a broad conception of human well-being.ii. Intra-generational Equity: Livelihood Security for the Poor: To ensure equitable access toenvironmental resources and quality for all sections of society, and in particular, to ensurethat poor communities, which are most dependent on environmental resources for theirlivelihoods, are assured secure access to these resources.iii. Inter-generational Equity: To ensure judicious use of environmental resources to meet theneeds and aspirations of the present and future generations.iv. Integration of Environmental Concerns in Economic and Social Development: To integrateenvironmental concerns into policies, plans, programmes, and projects for economic and socialdevelopment.v. Efficiency in Environmental Resource Use: To ensureThe policy statement is too generic.efficient use of environmental resources in the senseIt also fails to address the currentof reduction in their use per unit of economic output, focus on issues of climate change andto minimize adverse environmental impacts.global warming and their implicationsvi. Environmental Governance: To apply the principles on production sector. However, itof good governance (transparency, rationality, strengthen the relevance of ESMF asaccountability, reduction in time and costs, the regulatory frameworks are mostlyparticipation, and regulatory independence) to the linked to this policy statementsmanagement and regulation of use of environmental resources.vii. Enhancement of Resources for Environmental Conservation: To ensure higher resourceflows, comprising finance, technology, management skills, traditional knowledge, and socialcapital, for environmental conservation through mutually beneficial multi-stakeholderpartnerships between local communities, public agencies, the academic and researchcommunity, investors, and multilateral and bilateral development partners.

Environmental Assessment ReportKerala Local Government Strengthening Project2.2.1.6. National Urban Housing and Habitat Policy 2007This policy intends to promote sustainable development of habitat in the country with a viewto ensuring equitable supply of land, shelter and services at affordable prices to all sections ofsociety. Given the magnitude of the housing shortage and budgetary constraints of both theCentral and State Governments, it is amply clear that Public Sector efforts will not suffice infulfilling the housing demand. In view of this scenario, the National Urban Housing and HabitatPolicy, 2007 focuses the spotlight on multiple stake-holders namely, the Private Sector,Cooperative Sector and Industrial Sector for labour housing and the Services/InstitutionalSector for employee housing. In this manner, the Policy seeks to promote various types ofpublic-private partnerships for realizing the goal of Affordable Housing For All.The National Urban Housing and Habitat Policy, 2007 seeks to use the perspective of RegionalPlanning as brought out in the 74th Amendment Act in terms of preparation of District Plans byDistrict Planning Committees (DPCs) and Metropolitan Plans by Metropolitan PlanningCommittees (MPCs) as a vital determinant of systematic urban planning. The policy seeks topromote a symbiotic development of rural and urban areas. In this regard, the policy seeks toensure refinement of Town and Country Planning Acts (wherever required) and their effectiveimplementation.The focus areas of the policy are:Provision of “Affordable Housing For All” with special emphasis on vulnerable sections ofsociety such as Scheduled Castes/Scheduled Tribes, Backward Classes, Minorities and theurban poor.The substantive gap between demand and supply both for housing and basic services. Thepolicy seeks to assist the poorest of poor who cannot afford to pay the entire price of ahouse by providing them access to reasonably good housing on rental and ownership basiswith suitable subsidization. The policy seeks to enhance the supply of houses especially forthe disadvantaged, duly supplemented by basic services.To develop innovative financial instruments like development of Mortgage BackedSecuritization Market (RMBS) and Secondary Mortgage Market. It also seeks to attractForeign Direct Investment (FDI) in areas like integrated development of housing and newtownship development.To draw from innovations in the area of housing and infrastructure in India and elsewhere.It also gives a menu of actionable points which inter-alia includes Public-Private-Partnerships, conservation of natural resources and formulation of regulations & bye-lawsthat are environment friendly, investment-friendly and revenue-generating.To emphasize appropriate fiscal concessions for housing and infrastructure.To accelerate construction activities for giving a boost to employment for vulnerablesections of society.To promote development of cost-effective, quality approved building materials andtechnologies with a view to bringing down the cost of EWS/LIG houses.To complement poverty alleviation and employment generation programmes for achievingthe overall objective of “Affordable Housing For or All” with sustainable development.The roles of various stakeholders and specific action required pertaining to Land, Finance,Legal and Regulatory Reforms as well as Technology Support and Transfer.28

Chapter 2Policy, Legislation and RegulationTo accelerate the development of small and medium towns which can serve as a generatorof economic momentum with the objective of reducing the rate of migration to largecities.The special emphasis on the development of North-Eastern States on account of the fragileecology of the North-Eastern Region as well as the need to accelerate the pace of its socioeconomicprogress. In this manner, the Policy seeks to improve accessibility to the North-Eastern Region.Role of Urban Local Bodies:The policy envisages that The Urban Local Bodies/Development Authorities/Housing Boards inconsultation with all stakeholders: Create a Supportive Environmenti) Develop capacity building at the local level to design and take up inner-city developmentscheme, in-situ slum upgradation projects and slum relocation projects through suitabletraining programme.ii) Implement Central and State sector schemes pertaining to housing and infrastructure sectorat the city level with appropriate provision for EWS and LIG beneficiaries in the Master Plan aswell as Zonal Plans.iii) Enforce regulatory measures for planned development in an effective manner.iv) Check the growth of unauthorized colonies, new slums, unauthorized constructions,extensions of existing properties and commercialization of residential areas. Take up Urban Planningv) Ensure that Development Plans/Master Plans as well as Zonal Plans and Local Area Plans aremade and updated regularly so that adequate provision is made for the homeless as well asslum dwellers.vi)Prepare Master Plan and Metropolitan Plans in consonance with the concerned District Planand the State Regional Plan.vii) Identify city specific housing shortages and prepare city level Urban Housing & HabitatAction Plans for time bound implementation. Wherever necessary and feasible, ULBs as well asother parastatal would provide viability gap funding especially for EWS/LIG housing andsupporting infrastructure so as to ensure better affordability by the poor and financial viabilityof slum upgradation projects.viii) Promote planning and development of industrialThe ESMF proposed for the projectestates along with appropriate labour housing colonies will enable the achievement of one ofserviced by necessary basic services.the important objectives of theix) Incorporate provisions of model building bye-laws project such as ‘Devising adequateprepared by Town & Country Planning Organization safeguards for promoting a healthy(TCPO) and National Building Code in their respective environment with special emphasis onbuilding bye-laws. Make suitable provisions in the ‘green lungs’ of the city in terms ofBuilding Bye-laws for innovative energy conservationparks, botanical gardens and socialforestry as well as green belts aroundpractices and mandatory rain water harvesting forcities/towns’.specified owners of buildings.x) Devise capacity building programmes at the local level. Promote Public-Private Partnershipsxi) Promote participatory planning and funding based on potential of local level stakeholders.

Environmental Assessment ReportKerala Local Government Strengthening Projectxii) Develop suitable models for private sector‟s assembly of land and its development forhousing in accordance with the Master Plan.xiii) Promote Residents‟ Welfare Associations (RWAs) for specified operation and maintenanceof services within the boundaries of given colonies as well as utilize their assistance indeveloping an early warning system relating to encroachments.xiv) Involve RWAs/CBOs in collaboration with conservancy organizations at the local level foreffective cleaning of streets/lanes and solid waste disposal at the colony level. Take up Special Programmes for Disadvantaged Sectionsxv) Devise innovative housing programmes for meeting the housing shortage with special focuson vulnerable groups. Ensure Security & Safetyxvi) Ensure Safety & Security in residential and institutional areas which may includeconstruction of boundary walls around housing colonies as well as installation of securitysystems.2.2.1.7. National Urban Sanitation Policy, 2008The National Urban Sanitation Policy announced by the Ministry of Urban Development,Government of India on 12 November 2008 was a land mark policy statement, incorporatingimportant goals and strategies, including:All the cities and towns to be fully sanitized, healthy and livable, with focus on the poorand women.All human excreta and liquid wastes to be disposed of safely.Promoting proper functioning of network-based sewerage systems and ensuring connectionsof households to them wherever possible;Promoting recycle and reuse of treated waste water for non potable applications whereverpossible will be encouragedPromoting proper disposal and treatment of sludge from on-site installations (septic tanks,pit latrines, etc.);Ensuring that all the human wastes are collected safely confined and disposed of aftertreatment so as not to cause any hazard to public health or the environment. States will be encouraged to prepare State Level Sanitation Strategies within a period of 2years. Chapter on Draft Framework for Developing State Sanitation Strategies gives anoutline of the strategy (Annexure I); Identified cities will be urged to prepare model City Sanitation Plans within a period of 2years. Chapter on Draft Framework for a City Sanitation Plan gives an outline of the plan(Annexure II);Providing assistance for the preparation of Detailed Project Report (DPR) as per citysanitation plan as soon as requests for funding are received.The National Policy lays out a vision for urban sanitation in India. It instructs States to come upwith their own detailed state-level urban sanitation strategies and City Sanitation Plans. Itmoots the idea of totally sanitised and open-defecation-free cities as a target and the settingup of a multi-stakeholder City Sanitation Task Force to achieve this. Environmentalconsiderations, public health implications and reaching the unserved and urban poor are givensignificant emphasis in the policy.30

Chapter 2Policy, Legislation and RegulationFunding options are laid out including direct central and state support including throughexisting schemes, public-private partnerships, and external funding agencies. It directs that atleast 20% of the funds should be earmarked towards servicing the urban poor. The Centre alsoplans to institute awards to the best performing cities, reminiscent of the Nirmal GramPuraskar awards for villages.The Millennium Development Goals (MDGs) enjoin upon the signatory nations to extend accessto improved sanitation to at least half the urban population by 2015, and 100% access by 2025.This implies extending coverage to households without improved sanitation, and providingproper sanitation facilities in public places to make cities open-defecation free.Overall, the policy focus on promoting newer technology initiatives will have a positive impact.Other policy suggestions on benchmarking, preparation of City sanitation plans and concepts ofgrading of urban areas are also expected to give an impetus to improving sanitation conditionsin Urban areas.The implementation of action plans, evolved from the national policy, in Kerala poses variousconstraints and challenges, such as:High density of population and environmental vulnerabilityAttitudinal change required to be brought in for community managed common sanitationfacilities as envisaged in the national sanitation policy especially for slums and dense areasAquifer contamination and consequent threat for health and environmental safety calling forinnovative strategies and technologies, especially in Kerala’s long coastal belt with high densityof population and high water tableLand area constraints for safe disposal of wastes including human excreta Proper restructuring of networking of drainagesThe ESMF proposed will address the above constraints and challenges.2..2..2.. Accttss and Regullattiionss2.2.2.1. Water (Prevention and Control of Pollution) Act 1974The Water (Prevention and Control of Pollution) Act was introduced on 23rd March 1974 formaintaining and restoring the wholesomeness of water through the prevention and control ofwater pollution. The salient features of the Act are:Constitution of Central and State Pollution Control Boards (PCBs).Description on the powers of the State PCBs to advise the State government, plancomprehensive programmes, disseminate information, conduct investigations, research andtraining, establish or recognize laboratories, inspect installations, lay down standards,evolve methods for treatment, utilization and disposal of effluents, advise on locatingindustries and perform functions entrusted by Central PCB with respect to prevention,control or abatement of discharge of waste or effluent to streams, wells or land.Empowerment of Central Government to direct Central PCB and Central and StateGovernment to direct State PCBsEmpowerment of the State government to restrict the application to certain areasEmpowerment of the State PCB to obtain information on sewage or trade effluents or onestablishments producing or proposing to produce effluents based on stipulated procedures

Environmental Assessment ReportKerala Local Government Strengthening ProjectProvision on prohibiting the disposal of polluting matter to streams or wells, restrictingnew outlets and discharges, acting on existing discharge of sewage and trade effluents,refusing or withdrawing consent and entertain appeal of aggrieved.Requirement of the occupier of existing discharges at the time of introduction of the Act toapply for consent on or before such date as may be specified by the State Government bynotification in the official gazette.Requirement of the LSGs discharging sewage and sullage from their jurisdiction into variouswater bodies to take consent from the State PCB.Requirement of the LSGs to draw up and implement programmes for collection andtreatment of sewageRequirement to specify the quality, quantity and location of discharge of sewageRequirement of a new industry to obtain consent to establish from the State PCBProhibition of disposal of poisonous, noxious or polluting matters into any stream or wellEmpowerment of the State PCB to carryout pollution prevention measures, if the personholding the consent fails to do so.Empowerment of the State PCB to take emergency measures, in case any poisonous,noxious or polluting matter is present or entered into any stream or well.Moving court intervention for restraining apprehended pollution of water in stream or wellsRendering of help and assistance and furnishing of information for inspection andexamination of records, maps, plans and other documents by the Local authorities to theState PCB for the discharge of its functionsDescription of the penalty clauses and procedures therein including enhanced penalty afterprevious convictionThe State Pollution Control Board has beenconstituted and over the years, it has established itsoffices and laboratories in all the districts with aCentral Laboratory at Kochi. The Kerala State PCB hasissued circulars to all the LSGs to issue license to anindustry or commercial establishment only afterproducing the „consent to establish‟ and renew theThe proposed ESMF provides anopportunity to mobilize support forthe State PCB for attaining improvedcompliance. In addition, the ESMFensures that the LSGs obtain consentfor discharge of sewage and sullage,draw up & implement plans forsewage collection and treatment, asenvisaged in the Act.license only after producing „consent to operate‟ from the PCB under the Water Act 1974 andAir Act, 1981 except in the case of exempted category numbering about 57.As a result of the enforcement, monitoring and dissemination efforts, all most all the majorand medium industries, numbering around 600, have established Effluent Treatment Plants(ETP). However, there are issues of non-operation, mal-functions and inefficiency of ETPs andrequirement of improving the monitoring aspects. In order to strengthen the monitoringmechanism, the PCB now proposes to carry out the collection and analysis of samples bythemselves by collecting the required fee from the industry for those with capital investmentmore than Rs. 50 lakh. The PCB is also considering the possibility of initiating system studies onthe ETPs in order to assess the system efficiency and recommend corrective steps. Though theenforcement actions have achieved almost total coverage in the case of major polluters interms of establishment of ETPs, there is inadequacy in the monitoring of ETP performances. Inthe case of small polluters, the reach of PCB is negligible. There are about 2.5 lakh small scale32

Chapter 2Policy, Legislation and Regulationindustrial units, and only about 10% of these are brought under the consent regime of PCB.There are various complaints of pollution from the SSI units which are dealt on a case to caseto basis and priority set on an adhoc manner. Therefore, in the case of small scale industries,the enforcement of the act can be better achieved through the LSGs, provided they generatetechnical support locally. In the case of major and medium industries, there is requirement ofenhanced measures and monitoring, wherein the role of LSGs as a watchdog is very significant.2.2.2.2. Water (Prevention and Control of Pollution) Cess Act, 1977The Water (Prevention and Control of Water Pollution) Cess Act was introduced on 7thDecember 1977 to augment the resources of the Central and State Pollution Control Boards andto encourage the industries and local bodies to reduce the consumption by imposing a chargeon the water consumed for various purposes. The salient features of the Act are:Levy and collection of a cess on water consumed by an industry (listed in Schedule 1 of theAct) and supplied by a local authority entrusted with the duty of supplying waterAffixing of meters for the purpose of measuring and recording the quantity of waterconsumed or suppliedFurnishing of monthly water cess return to the State PCB in the prescribed formAssessment of cess and responsibility of the State Government for collection and paymentto the Central government and recovery clauses as in the case of land revenueRebate of 25% to the complying industries and local authoritiesEmpowerment of official to enter any premises for testing of correctness of meters affixed.Exemption of water cess by Central Government to certain industriesEvoking penalty clauses only after giving ample opportunity to be heardImposing interest of 2% on arrear cess, penalty up to 100% of the arrear cess andimprisonment and fine on defaultRate of cess applicable based on the purpose and quantity of water consumed.The act was amended in the year 2003 by incorporating the following clauses:"Industry" includes any operation or process, or treatment and disposal system, whichconsumes water or gives rise to sewage effluent or trade effluent, but does not include anyhydel power unitEmpowerment of Central government to exempt the levy of water cess based on conditionspertaining to manufacturing process, effluent, water source, effluent receiving body, unitwater consumption, location of industry etc.Revision of cess for consumption of water for different purposesIn Kerala, about 600 industries are brought under this Act and the Cess is being collected by thePCB. The responsibility of supply of drinking water in the State has been entrusted with the KeralaWater Authority (KWA), except in Trichur City Corporation. The Cess collection from KWA could berealized only to the extent of about 18%. More community water supply schemes are envisagedwherein the role of LSGs will be significant. Therefore, ESMF, in a way, will enable improvedcompliance of the provisions of this Act.

Environmental Assessment ReportKerala Local Government Strengthening Project2.2.2.3. Forest (Conservation) Act 1980Forest Conservation Act- 1980 -an Act to provide for the conservation of forests and formatters connected therewith or ancillary or incidental thereto- is intended to safeguard forestlands from unauthorized diversions. The act states that no State Government or otherauthority shall make, except with the prior approval of the Central Government, any orderdirecting-(i) that any reserved forest (within the meaning of the expression "reserved forest" in any lawfor the time being in force in that State) or any portionthereof, shall cease to be reserved;(ii) that any forest land or any portion thereof may beused for any non-forest purpose;(iii) that any forest land or any portion thereof may beassigned by way of lease or otherwise to any privateperson or to any authority, corporation, agency or anyother organization not owned, managed or controlledby Government;(iv) that any forest land or any portion thereof may becleared of trees which have grown naturally in thatland or portion, for the purpose of using it forreforestation.Only the Central Government isauthorized to permit diversion offorest land for non forestry purposes.Therefore, the LSGs will have no roleexcept in assisting forestconservation activities throughschemes like the NREGA andenhancement of forest productivityactivities through stipulatedstakeholder groups. The provisions ofthe acts fall under negative list as faras the proposed ESMF is concerned.The Central Government may constitute a Committee consisting of such number of persons asit may deem fit to advice that Government with regard to the grant of approval for the aboveand any other matter connected with the conservation of forests which may be referred to itby the Central Government.2.2.2.4. Air (Prevention and Control of Pollution) Act, 1981The primary objective of the Air (Prevention and Control of Pollution) Act, 1981 is to providefor the prevention Control and abatement of air pollution. As the LSGIs at present does nothave expertise in assessment, monitoring and enforcement capability, they rely on the servicesof Kerala State Pollution Control Board (KSPCB) in this aspect.As per section 448 of the Municipal Act, license for establishment of factory/ workshopshall be issued provided that if a declaration is given by the applicant recommended by theofficer in the Industries Department or the Kerala State PCB authorized for this behalf tothe effect that no pollution is involved. LSGI normally issues license to industry /establishment including residential flats, hotels and resorts only after producing consent toestablish or consent to operate under the WaterAct and Air Act from the KSPCB.The proposed ESMF shall ensureimproved compliance of theprovisions of the Act informally dueto the environmental sensitivity buildup within the LSG throughEnvironmental Assessment and suchactivities.If the industry/establishment violate the conditionsof the consent issued by the KSPCB, as per theWater Act and Air Act, punitive actions is beingtaken by way of issual of closureorder/suspension/cancellation of licenses issued. LSGIs usually suspend their license to the34

Chapter 2Policy, Legislation and Regulationnoncompliant industrial unit on receipt of recommendations from the KSPCB suggestingcancellation of license issued by LSGI.LSGI have a role in formulating pollution control policies in the State under the Water Actand Air Act by serving as members of the State Pollution Control Board. As per Section 4(2)of the Water Act; 5 persons are to be nominated by the State Government from amongstthe members of LSGIs functioning within the State to serve as members of the KSPCB.2.2.2.5. Environment Protection Act 1986The Government of India introduced a comprehensive law on environment called “TheEnvironment (Protection) Act, 1986 on 23rd May 1986”. The Act empowers the CentralGovernment to take measures to protect and improve environment including the prevention ofhazards to human beings, other living creatures, plants and property. The salient aspects ofthe act are:Empowerment of the Central Government to take all measures for the purpose ofprotecting and improving the quality of the environment and preventing, controlling andabating environmental pollution.Co-ordination of actions by the State Governments, officers, and other authorities.Planning and execution of nation-wide programme for the prevention, control andabatement of environmental pollution.Laying down standards for the quality of environment.Laying down standards for the quality of environment and emission or discharge ofenvironmental pollutants.Restrictions on locating industries, operations or processes or class of industries, operationsor processes.Laying down procedures and safeguards for the prevention of accidents which may causeenvironmental pollution.Laying down procedures and safeguards for the handling of hazardous substances.Inspection of any premises, plant, equipment, machinery etc and examination ofmanufacturing processes, materials or substances that are likely to cause environmentalpollution and issue directions to take ameliorative steps.Carrying out and sponsoring investigations and research relating to the problems ofenvironmental pollution.Preparation of manuals, codes or guides relating tothe prevention, control and abatement ofpollution.Establishment and recognition of environmentallaboratories institutions. Collection and dissemination of informationrelating to environmental pollution.This is an umbrella act under which anumber of notifications have come upin respect of coastal protection,environmental impact assessment,biomedical waste management, solidwaste management etc. The proposedESMF necessitates the compliance tovarious provisions of thesenotifications.Constitution of authorities and appointment ofofficers, if necessary, for the purpose of exercising and performing the powers andfunctions conferred on it vide the act.

Environmental Assessment ReportKerala Local Government Strengthening ProjectIssuance of directions in writing to any person, officer, or any authority directing themclosure, prohibition or regulation of any industry, operation or process or stoppage orregulation of the supply of water, electricity or any other service.Directions on the penalty for contravention of the provisions of the act and rules such asimprisonment for a term extending up to 5 years and fine extending up to Rs. 5 lakh orboth and additional fine of Rs. 5000/- per day if failure or contravention continues afterthe conviction.Formulation of rules in respect of all or any of the matters referred above.2.2.2.6. Coastal Regulation Zone Notification 1991The Government of India issued the Coastal Regulation Zone Notification on 19th February1991 under sections 3 (1) and 3 (2) (1) of the Environment (Protection) Act 1986 withobjectives to protect our coastlines and to regulate the activities there. This rule applies tothe coastal stretches of seas, estuaries, creeks, rivers and back waters which are influenced bythe tidal action, up to 500m towards landward side from High Tide Line and land between theHigh Tide Line (HTL) and Low Tide Line (LTL). The distance from the HTL in the case of rivers,creeks, estuaries and backwaters shall apply to both sides and shall not be less than 100m orwidth of the river, creek, or backwaters whichever is less. The salient features of thenotification are:Provisions for prohibiting certain activities detrimental to environmental protection andregulating all other activities in the CRZ by classifying the coastal stretches into differentzones namely CRZ I, II, III and IV and specifying development restrictions.Preparation of Coastal Zone Management Plan (CZMP) for the state by identifying andclassifying the CRZ areas in accordance with the guidelines provided to regulate thedevelopment and activitiesConstitution of authorities at the State and Central level for monitoring and enforcementof the provisions, thereby certain activities notified in the rules are regulated with theclearance from the appropriate authority.Specifications/guidelines for development of Beach Resorts/Hotels.There are provisions for exemptions in the case of strategic installation, traditional livelihoodactivities and conventional/manual processes/interventions. The regulation of activities withinthe CRZ has been entrusted with the State and Central Coastal Zone Management Authoritiesbased on the status report on the location of HTLprepared by any of the six authorized agencies by theMinistry of Environment and Forests, Government ofIndia. The Centre for Earth Science Studies,Thiruvananthapuram is an authorized agency in thisregard. Though the State has an approved Coastal ZoneThe proposed ESMF shall enable theimplementation of the regulations asthe projects will be screened forpermissible activities under thenotification.Management Plan (CZMP), demarcating different classes of CRZ, it requires modifications withrespect to certain general and special conditions as stipulated by the Central Government. Assuch, lack of proper monitoring and enforcement mechanism has led to various violations, andthe compliance status, in general, is poor.36

Chapter 2Policy, Legislation and RegulationThe Government of Kerala, in the Directorate of Panchayat issued a circular No. C3/21688/96on 17/07/1996, directing the LSGs to permit constructions or any activities within the coastalregulation zones in accordance with the restrictions imposed by the CRZ Notification, 1991.The State Government also directed the LSGs to inspect the coastal areas and report theviolations of the notifications to the State government for initiating legal proceedings againstthe violators. Within the provisions of the rule, regulation of certain activities like houseconstruction, livelihood linked development activities etc can be done by the LSGs, providedthey are equipped with database, especially cadastral maps enabling the delineation of theHTL.2.2.2.7. Environmental Impact Assessment Notification 1994In exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) ofsection 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule5 of the Environment (Protection) Rules, 1986 and in supersession of the notification numberS.O. 60 (E) dated the 27 th January, 1994, except in respect of things done or omitted to bedone before such supersession, the Central Government directed that construction of newprojects or activities or the expansion or modernization of existing projects or activitiesfalling under 39 types of projects under 8 categories entailing capacity addition with change inprocess and or technology shall be undertaken in any part of India only after the priorenvironmental clearance from the Central Government or as the case may be, by the StateLevel Environment Impact Assessment Authority (SEIAA), duly constituted by the CentralGovernment under sub-section (3) of section 3 of the said Act, in accordance with theprocedure specified in this notification. The Notification provides for:Categorization of projects and activities to Category „A‟ and Category „B‟ based on thespatial extent of potential impacts and potential impacts on human health and natural andmanmade resourcesConstitution of State Level Environment Impact Assessment Authority (SEIAA)Requirement of prior Environmental Clearance (EC) from the Central Government in theMinistry of Environment and Forests for projects and activities falling under Category „A‟and the SEIAA for projects and activities falling under Category „B‟, before anyconstruction work, or preparation of land by the project management except for securingthe land, is startedConstitution of Screening, Scoping and Appraisal Committees at the Central and State orthe Union territory level Government (EAC and SEACs) to screen, scope and appraiseprojects or activities in Category „A‟ and Category „B‟ respectively.Process of prior EC after four stages of evaluation namely, Screening (Only for Category „B‟projects and activities), Scoping, Public Consultation and AppraisalPeriod of validity of Environmental Clearance (EC) as 10 years in the case of River Valleyprojects, 30 years for mining projects and 5 yearsin the case of all other projects and activities witha provision for extension for a maximum period of5 years by the regulatory authorityPost EC Monitoring and submission of half-yearlycompliance reports in respect of the terms andThe notification covers only majorprojects and the local bodies have nodirect role in the enforcement of itsprovisions. However, therepresentatives of the LSGs play amajor role in public consultationprocess. The projects which areoutside the ambit of this notificationonly fall under the purview of theproposed ESMF.

Environmental Assessment ReportKerala Local Government Strengthening Projectconditions stipulated while providing prior environmental clearanceTreating any project or activity specified in Category „B‟ as Category A, if located in wholeor in part within 10 km from the boundary of: (i) Protected Areas notified under the WildLife (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central PollutionControl Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-Stateboundaries and international boundaries.Exemption from prior EC if any Industrial Estate/Complex/Export Processing Zones /SpecialEconomic Zones/Biotech Parks/Leather Complex with homogeneous type of industries orthose Industrial estates with pre –defined set of activities (not necessarily homogeneous,individual industries including proposed industrial housing within such estates/complexes), so long as the Terms and Conditions of prior environmental clearance for theindustrial estate/complex are complied with.2.2.2.8. Bio-Medical Wastes (Management and Handling) Rules, 1998The Bio Medical Wastes (Management and Handling) Rules was introduced by the Governmentof India on 20th July 1998 under section 5, 8 and 25 of the Environment (Protection) Act, 1986with an objective to regulate the management and handling of Bio- medical wastes. The rulesapply to all persons who generate, collect, receive, store, transport, treat, dispose or handlebiomedical waste (BMW) in any form. The salient aspects of the rules are:Responsibility for handling BMW, without any adverse impact to the human health andenvironment, has been vested with the occupier of the institution generating such wastesAll hospital, nursing home, clinic, dispensary, veterinary institution, animal house,pathological laboratory, blood bank by whatever name they are called have been coveredNecessitates treatment and disposal in compliance with the standards specified and settingup of own treatment facility or linking it with a common facilityClassify BMW into 10 categories and prescribe specificdisposal modeMixing of BMW with other wastes banned.Segregation of BMW to be ensured at the point of generation Ensuring storage as per colour coding and not beyond 48hours without permission.Restricting transportation of untreated BMW only in authorized vehiclesTime limit prescribed for adoption of various handling and disposal facilities.Responsibility to LSGs to set up common disposal sites for BMW.Projects for facilitating theimplementation of this rulein hospitals transferred tothe LSGs shall come underthe purview of the proposedESMF.The compliance to BMW (Management & Handling) can be assessed based on six componentsnamely segregation, packaging, transportation, storage, treatment and disposal. If all thesecomponents are considered in strict terms, the overall compliance of the BMW rules in thestate may not be more than 20%. The state has a total bed strength of about 1.10 lakh andonly about 25000 beds are covered under the Rule through a common facility established bythe Indian Medical Association (IMA) at Palakkad. It ensures transportation of segregated andlabeled waste, their treatment and disposal. There is significant improvement in segregationof biomedical wastes in major government hospitals like district and general hospitals andprivate hospitals with bed strength more than 50. About 70-80% of such hospitals now practices38

Chapter 2Policy, Legislation and Regulationsegregation BMW. About 40-50% of the private hospitals have set up their own BMW treatmentand disposal facility. The awareness on the various provisions of the rule is only moderate.Especially, the compliance by nursing homes, clinics, dispensaries, veterinary institutions,pathological laboratories, blood banks etc is poor.2.2.2.9. Plastics Manufacture, Sale and Usage Rules, 1999In order to regulate the manufacture and usage of recycled plastics, carry bags and containers,the government of India introduced a set of new rules under the provisions of section 3(2) and25 of the Environment (Protection) Act 1986 on 2nd September 1999. The salient features ofthe rules are:Restrictions on manufacture, sale, distribution and use of virgin and recycled plastic carrybags and plastic containersProhibition on manufacturing, stocking, distribution or selling of carry bags with thicknessless than 20 micron.Prohibition on storing, carrying, dispensing or packaging of foodstuffs in carry bags made ofrecycled plastics.Stipulation of maintaining natural shade or white colour for carry bags and containers madeof virgin plastics.Usage of pigment colourants for carry bags and containers made of recycled plastics.Provision for grant or renewal of registration for plastic recycling unitEnforcement of the provisions contained in the notification by the Kerala State PollutionControl Board.The powers to check the use, collection, segregation, transportation and disposal of carry bagsor containers, use of recycled plastics for carrying foodstuffs etc has been delegated to theDistrict Collector by the State Government.The Government of Kerala, State Pollution Control Board and LSGs have initiated various measuresfor enforcement of the provisions contained in the rule. The State PCB has prohibited themanufacture, transport, storage, sale and use of plastic carry bags of thickness less than 30microns. As per the order, the Secretaries of different LSGIs, Station House Officer of theconcerned Police Station and the District Collector/Dy Superintendent of Police are maderesponsible for enforcement, prevention of violation of the order and overall responsibility ofpreventing violations respectively. In addition, some of the LSGs are pursuing projects forrecycling of plastic discards and such projects will have to be brought under the proposed ESMF2.2.2.10. Municipal Solid Waste (Management and Handling) Rules, 2000The Municipal Solid Wastes (Management and Handling) Rules, 2000 was introduced on 25thSeptember 2000 under section 3, 6 and 25 of the Environment (Protection) Act, 1986. The ruleis applicable to every Municipal authority and makes them responsible for collection,segregation, storage, transportation, processing and disposal of municipal solid wastes (MSW).The salient features of the rules are:Requirement of the Municipality to obtain authorization from the State PCB to set up wasteprocessing and disposal facility including landfills

Environmental Assessment ReportKerala Local Government Strengthening ProjectObligation of the Municipality to submit annual reports to the Secretary, LSGD (Urban) inthe case of metropolitan city or to the District Collector in the case of all other towns andcities with a copy to the State PCB before 30th of June every year.Responsibility of the State Government for overall enforcement of the rules through theSecretary, LSGD (Urban) or District CollectorsResponsibility of the State PCB to grant authorization based on stipulated timeframe andconditions and monitor compliance of the standards pertaining to groundwater, ambientair, leachate and compost quality and incineration.Responsibility of the Central PCB to coordinate with the State PCBs for implementation andreview of standards and guidelines and compilation of monitoring dataSpecific procedure and compliance criteria for managing and handling MSWResponsibility of the State PCB to prepare and submit an annual report to Central PCBregarding implementation by 15th of September.Responsibility of the municipality to report any accident linked to MSW management to theSecretary, LSGD (Urban) in the case of Metropolitan cities and to the District Collector inall other cases.The notification also specifies the compliance criteria with respect to different parameters,such as collection, segregation, storage, transportation, processing and disposal. It requires:Prohibition of littering of MSW in cities, towns and in urban areasOrganizing house-to-house collection by adopting appropriate methodsDevising collection of MSW from slums and squatter areas or localities including hotels,restaurants, office complexes and commercial areas.Usage of wastes from slaughterhouses, meat and fish market, fruit and vegetable marketthose are biodegradable.Prevention of mixing of biomedical and industrial wastes with municipal solid wastesProhibition on burning of wastesPrevention of stray animals from moving around waste storage facilitiesTransferring of waste collected from residential areas to bins/containers/vehiclesCollection and disposal of horticultural, construction or demolition waste or debrisPromotion of waste segregation, recycling and reuse of segregated wastesAwareness building and meetings for ensuring community participationEstablishment of hygienic and sanitary storage facilityProhibition of manual handling of wasteEnsuring transportation of wastes in covered vehicles and preventing their scatteringAdoption of suitable technology or combination such technologies for processing of wastesso as to minimize burden on landfillRestriction of land filling to non-biodegradable, inert or other wastes that are unsuitablefor recycling or biological processingSpecifications for landfill sites including site selection, site facilities, land filling, pollutionprevention, water and air quality monitoring, site plantations, closure and post-care ofsites, provisions for hilly areas etc.Specifications of standards for composting, treated leachates and incineration40

PrimaryCollectionSegregationPrimaryStorageSecondaryStorageSweepingTransportProcessingDisposalChapter 2Policy, Legislation and RegulationIn order to enable the LSGs to decide on adoption of suitable technologies for processing ofmunicipal solid wastes, a reference manual has been published by the Central PollutionControl Board in September 2002. The manual details all the technologies includingcomposting, anaerobic digestion to recover bio-gas and electricity, conversion to refusederived fuel and pyrolysis. It suggests that the selection of technology for a given city or townshould be done only after initially evaluating the environmental safeguards, operation andmaintenance, economic aspects, land availability and trained personal support.The compliance to the rules in the State with respect to primary collection, segregation,primary and secondary storage, street sweeping, transportation, processing and disposal hasbeen evaluated based on information from six municipalities. The status of compliance (as inthe year 2005) compared to the National level has been given in the Table below.Unit Important components of MSW Management OverallScoreMalappuram 50 15 60 0 50 55 55 0 36Chalakkudi 45 0 50 0 40 65 65 0 33N.Parur 30 0 35 0 40 50 50 0 26Alappuzha 55 20 60 20 50 65 25 0 37Kayamkulam 25 0 25 0 30 35 0 0 14Kottayam 50 0 50 20 50 60 0 0 29Overall 43 6 47 7 43 55 33 0 29National 38 33 41 29 72 52 9 1.4 34Considering the unsatisfactory level of compliance, the state have taken concerted measuresfor stepping up the compliance by the Municipalities. The collection, sweeping andtransportation are being improved byappropriate scheduling, providingprotective measures and enforcing itsuse, covering the transportationvehicles etc. The segregation of wasteat source, the most important aspectsfor environmental upgradation andimprovement of processing and disposalAs such, the integrated projects of this types fallunder the EIA Notification, 2006. However, thehabitation practices in Kerala, characterized byindividual house in separate parcel of land, enable thegenerator of waste to dispose it off in their ownpremises; biodegradable as manure with or withoutcomposting and non-biodegradable for recycling. Theproposed ESMF will be relevant to such projects.efficiency is being attended to through consistent campaigns and facilitation. The secondarystorage system, poorly and inadequately managed system, is being phased out throughimproved primary collection system. Many of the Municipalities have installed processingplants, using composting technology, and their requirement of upgradation and streamliningare being addressed. The lack of engineered landfill site in any Municipality is a seriousconcern as it has lead to open dumping in thickly populated and environmentally fragileregions causing considerable problems due to pollution. The reasons for the inadequacy orabsence of engineered landfill, the lack of technical support, land availability and

Environmental Assessment ReportKerala Local Government Strengthening Projectenvironmental monitoring of the processing and dumping sites, are being examined. The poorlevel of compliance is also due to poor coordination between the administrative, engineeringand health wings and initiatives of the elected representatives.2.2.2.11. The Noise Pollution (Regulation and Control) Rules, 2000The increasing ambient noise level in public places from various sources such as industrialactivity, construction activity, generator sets, loud speakers, public address systems, vehicularhorns and other mechanical devices have adverse effect on the human health and thepsychological well being of the people. Therefore, the Government of India introduced “TheNoise pollution (Regulation and Control) Rules” on 14th February 2000 to regulate and controlnoise producing and generating sources with the objective of maintaining the ambient airquality standards in respect of noise. The salient features of the rules are:Zonation of areas by the State government into industrial, commercial, residential orsilence zones for implementation of noise standards for daytime and nighttimeConsideration of all aspects of noise pollution as a parameter of quality of life by thedevelopment authorities and local bodies to avoid noise menace and maintain ambient airquality standards in respect of noiseDeclaration of area comprising not less than 100m around hospitals, educationalinstitutions and courts as silence zonesRestrictions on the use of loud speakers/public address systems without written permissionfrom the authorityProhibition on the use of loud speakers/public address systems at night between 10 pm and6 am, except in closed premises for communication within auditoria, conference rooms,community halls and banquet hallsProvision to take actions if the sound level exceedsthe standards by 10 dBA.In general, the compliance level ishigh as the enforcement agency hasreach up to the local level. Theproposed ESMF is not relevant to theprovisions of this rule.Stipulation of air quality standard in respect ofnoise for different zones.o Industrial zone- 75 & 70 dBA Leq duringdaytime and nighttime respectivelyo Commercial zone- 65 & 55 dBA Leq during daytime & nighttime respectivelyo Residential zone- 55 & 45 dBA Leq during daytime and nighttime respectivelyo Silence zone 50 & 40 dBA Leq during daytime and nighttime respectively2.2.2.12. The Biological Diversity Act, 2002The term „biodiversity‟, in a general perspective, is „the variety of life‟, and it includes all theliving forms in earth. Convention on Biological Diversity (CBD) states that: „biological diversity‟means the variability among living organisms from all sources including, inter alia, terrestrial,marine and other aquatic ecosystems and the ecological complexes of which they are part; thisincludes diversity within species, between species and of ecosystem.The Biological Diversity Act, enacted by the Govt. of India in 2002 is the Indian response to theCBD, with the main objectives of conservation of biological diversity, sustainable use of itscomponents, and fair and equitable sharing of benefits arising out of utilization of geneticresources. The Biological Diversity Rules promulgated under this act came in force on 15 th ofApril 2004. For the conservation and regulation of access to the biological resources, the Act42

Chapter 2Policy, Legislation and Regulationenvisages a three-tier structure comprising of a National Biodiversity Authority (NBA), StateBiodiversity Boards (SBB) and Biodiversity Management Committees (BMC) at the local level.The major role of BMCs is the documentation of the biodiversity in the local area with theparticipation of local people and preparation of People‟s Biodiversity Register (PBR). Eventhough it is difficult to formulate a rigid methodology for collecting information for PBR, itmay involve a series of components/steps such as: (i) creating awareness to local communitiesabout the importance of BDA and PBR to ensure the involvement of the local people; (ii)setting up BMCs; (iii) delineation of user groups and identification of knowledgeable individualssuch as local healers (vaidyas), fishermen, farmers, etc.; (iv) constitution of a broad basedstudy team involving teachers, students, and local community members; (v) obtaining consent(prior informed consent) from the local people for sharing information; (vi) individual as wellas group discussions members representing different user groups as well as local people andvillage assembly; (vii) participatory mapping of the landscape of the study area; (viii)preparing an inventory of locally known life forms; (ix) documentation of local geographic,social and economic setting; (x) identification of focal issues related to biodiversity in thestudy area; (xi) documentation of traditional knowledge related to biodiversity, ecosystems,agriculture, medicines, etc.; (xii) validation of data; (xiii) preparation of a database (PBR);(xiv) documentation of current and desired patterns of management of habitats and focalspecies; and (xv) preparation of a biodiversity management planThe PBRs, if properly planned and prepared, would become authentic natural resource database of every local body, as it envisages listing and mapping of all the ecosystems andbiodiversity. Further, PBR also envisages preparation of action plans for the management ofbiodiversity and ecosystems at the grass root level, with the involvement of stakeholders atthe grass roots. The citizen-scientist partnerships play an important role not only indocumenting and validating data collected on biodiversity, but also in utilizing thebioresources sustainably. PBRs could be used as a tool for promoting this, as the data in PBRswill be validated by technical support groups. These citizen-scientist partnerships share twocharacteristics that make them central to developing biodiversity infrastructure. They providedata on spatial and temporal scales that are impossible to document using other methods.Second, they involve the public and students in local efforts that build communityunderstanding and support for biodiversity issues. Further, this will also helpcommercialisation of products out of the TK of communities and sharing of benefits.

Environmental Assessment ReportKerala Local Government Strengthening ProjectSection 37 of the Act provides for designating heritage sites. The purpose is not to cover thealready designated protected areas such as national parks and wildlife sanctuaries but to coverThe Kerala Biological Diversity Rules was enacted by the Government of Kerala in 2008. Atstate level, various approach papers and model bio-diversity registers have already beenprepared. The Kerala State Biodiversity Board (KSBB) is in the processes of setting up BMCsat all the local bodies in Kerala. The BMCs, as and environmental knowledge group at theLSG level will strengthen the operationalization of the proposed ESMFsites rich in biodiversity, wild relatives of crops, or areas, which lie outside protected areanetwork. The State government has to designate such areas in consultation with the LSGs, andto frame rules for conservation and management of such heritage sites. This would facilitatemanagement of biodiversity hotspots in the state, which now remains outside the protectedarea network.2.2.2.13. National Rural Employment Guarantee Act, 2005NREGA guarantees at least hundred days of wage employment in every financial year to everyhousehold whose adult members volunteer to do unskilled manual work. Its auxiliary objectivesare to(i) regenerate natural resource base of rural livelihoods(ii) strengthen grass root process of democracy and(iii) infuse transparency and accountability in local governance.The distinguishing features of the Act are(i) focus on rights based frame – work(ii) demand- based approach(iii) focus on accountability, transparency and social audit.It makes Government legally accountable for providing wage employment for those who seekit. The choice of works suggested in the Act has predominant focus on natural resourcemanagement and therefore addresses causes of chronic poverty.Central Government shall meet the cost towards the payment of wage, 3/4 of material costand certain percentage of administrative cost. State Government shall meet the cost towardsunemployed allowance, 1/4 of material cost and administrative cost of State council. Adultmembers of rural households submit their name, age and address with photo to the GramPanchayat. The Gram panchayat registers households after making enquiry and issues a jobcard. The job card contains the details of adult member enrolled and his /her photo.Registered person can submit an application for work in writing (for at least fourteen days ofcontinuous work) either to panchayat or to Programme Officer. The panchayat/programmeofficer will accept the valid application and issue dated receipt of application, letter providingwork will be sent to the applicant and also displayed at panchayat office. The employment willbe provided within a radius of 5 km: if it is above 5 km, extra wage will be paid. Ifemployment under the scheme is not provided within fifteen days of receipt of theapplication, daily unemployment allowance will be paid to the applicant.44

Chapter 2Policy, Legislation and RegulationIn Kerala, Local Governments have been given a central place in the planning andimplementation of NREGA. Compared to the earlier wage employment programmes there havebeen significant achievements under NREGS. They are:(i)A combination of transparent processes and procedures, local action and constantvigilance and totally corruption free implementation The contributing factors being:A clear policy decision to implement the scheme strictly according to the letter andspirit of the Act involving the Panchayats.The firm rejection of the opinion for implementing the scheme merely for publicworks and as an asset focused programmeIgnoring the arguments that the demand for unskilled labour is very limited inKerala and as the wages are much higher than the statutory minimum wages inmore than 90% of the StateOrganization of work through the Kudumbasree system and the poor have a stake inthe work right at the beginningMaking the technocratic power to accord Technical Sanction, measure works andrecommend payments more spread out and accountable through the Committeesystem and in case of difference of opinion the appellate systemMotivating a lot of social activists to keep constant vigil as a kind of continuousconcurrent social auditGiving special emphasis to the rights of workers and their awareness ofentitlements. In a state where workers are fairly well organized this has resulted intheir jealous guarding of their privileges.Ensuring all the payments only through individual bank accounts of workers(ii)Implementation of NREGA has contributed to very high levels of women empowerment,particularly in the following aspects.The gender perspective gets built in automatically, as the work is organized bywomen‟s groupsNearly 80% of the workers have been women, as they are comfortable working alongwith their neighborsEqual wages, for the first time, are paid which boosted the earnings of women.As the wages are paid into Bank accounts the habit of thrift, already inculcatedthrough the Kudumbasree activities, has been strengthened significantlyThe intra-household status of the woman has improved commensurately as shecontrols substantial cash resources and withdrawal from the increasing Bankdeposits on her own decision(iii)NREGS has given rise to a new work culture. Hitherto workers were controlled bycontractors and their middlemen who knew how to extract work. When NREGS beganthe out-turn was very poor as the workers could not be supervised properly. But soonthe workers themselves realized that they would be losing collectively and a newinternal dynamics evolved with peer pressure forcing workers to put in their maximumeffort. At the same time a kind of social responsibility also became evident as more

Environmental Assessment ReportKerala Local Government Strengthening Projectcapable workers became more than willing to put in extra effort to make up for thosewho genuinely could not do hard work beyond a point, like the women and the elderly.(iv)(v)(vi)(vii)Public works have gained respectability. Hitherto they were seen as highjacked eitherby a contractor or a local leader. Now the workers see it as their right. They tend todistinguish between wages provided by a contractor and wages directly given by thePanchayat. The latter is almost equated with a salary. This has motivated a largesection of people who were hitherto unwilling to work and join the work force.NREGS has suddenly increased purchasing power of the poor and there is visible localeconomic development. This is particularly true of Wayanad which was ridden withfarmer suicides. The peasants have managed to get substantial relief from NREGS bygetting over their inhibition in working as labourers in richer farmer‟s lands by movingon to the now-respectable public works.NREGA has a niche for people who are willing to do physical labour and for whom anadditional annual income of Rs.12,500/- obtained from the Scheme would be asubstantial boost in income and purchasing power. Therefore right at the beginning apolicy decision was taken to target the eligible families, visualizing NREGS as thenucleus of a concerted and convergent anti-poverty initiative.Experience of the last three years of NREGA implementation reveal that in a State likeKerala with proven track record in participatory planning and with strong PanchayatiRaj Institution, NREGA could dramatically increase levels of empowerment. The visibleresults include:With trained facilitators to assist Grama Sabha, there has been a perceptibleimprovement in the quality of deliberations of Grama Sabha. NREGA has alsostrengthened the sub Grama Sabha fora of workers Grama Sabha and NeighborhoodGroups (NHG) of women as they have been given clear role and responsibilities inLabour Budget preparation.The planning capacity of Panchayats has increased in response to the challenge ofplanning for NREGA as it has multiple dimensions of space and time in relation tohuman and financial resources.Panchayats are moving on to more complex areas of planning related to naturalresource management.NREGA has improved the capacities of panchayats for organizing works without amiddleman and keeping a well designed set of records.Panchayats have been able to forge a closer relationship with the working poor.Natural Resource Management has been given policy priority. This has brought thePanchayat into closer interaction with the small and marginal farmers. Now with theaccent on watershed management and food security, this relationship is expected tostrengthen further.Successful Village Panchayats have shown that they can bring about local economicdevelopment as well as provide social security through NREGA.46

Chapter 2Policy, Legislation and RegulationE-Governance has received a big boost. The entire Local Governments have moved onto online MIS under NREGA.A social audit system has been put in place and accountability, both formal andinformal has improved tremendously.It is expected that once NREGS is in full steam, flow of funds to village panchayats couldmatch the already high flow under peoples plan.The proposed ESMF will facilitate improvedThe most important lesson from NREGA environmental management of local areasexperience is that just as People‟s Plan was the through the LSG projects integrated withmotive force which pushed decentralization in NREGS componentsthe state, NREGA could be used for furtherempowering the panchayat raj system. It is as much an instrument for empowerment ofPanchayat raj Institutions as an instrument for poverty reduction.2..2..3.. Prrogrrammess2.2.3.1. Drinking Water Supply ProgrammesDrinking Water Supply is a State subject and funds have been provided in the State budgets fordrinking water supply right from the first Five Year Plan. A national water supply andsanitation programme was introduced in the social welfare sector in the year 1954 to augmentthe efforts of states. The Accelerated Rural Water Supply Programme (ARWSP), introduced in1972-73 to assist the States and the Union Territories with 100% grants-in-aid, is one suchscheme. The entire programme was given a Mission approach as part of the five TechnologyMissions launched in 1986. It was named as National Drinking Water Mission (NDWM), as one ofthe five Societal Missions and renamed in 1991 as as Rajiv Gandhi National Drinking WaterMission (RGNDWM). The Mission has the following programmes:a) Accelerated Rural Water Supply Programme(ARWSP) for supplementing the efforts of StateGovernments in providing access to safe drinking water to all rural habitations of the country.b) Sector reform programme for institutionalizing community participation in capital costsharing, Operation & Maintenance and Water Quality Monitoring & Surveillance in identifiedpilot districts.c) Sub Missions, five in number, on problems of water quality and sources drying up needingconstruction of water conservation and recharge structures and other measures with the Statesplanning and approving them on their own.d) Human Resource Development(HRD).e) Research & Development(R&D).f) Information, Education and Communication(IEC).g) Management Information System(MIS).h) Provision of water supply in rural schools.i) Monitoring & Investigation Units, Purchase of Rigs, Water Quality Monitoring & Surveillance,Monitoring &Evaluation Activity, Solar Voltaic Pumps and innovative projects.The implementing agencies for the programme in the State is Kerala Water Authority (KWA)and it is envisaged to involve LSGs for the implementation of schemes, particularly in selecting

Environmental Assessment ReportKerala Local Government Strengthening Projectthe location of standpost, spot sources, operation and maintenance, fixing of cess/watertariff, etc.From the financial year 1999-2000 onwards, incentives in the form of additional funds aregiven to the States which initiate steps for institutionalising community participation in therural water supply programme. Sate Governments will implement the following broaderelements:adoption of a demand-driven approach based on empowerment of villagers to ensuretheir full participation in the project through a decision making role in the choice ofscheme design and management arrangement;focus on village level capacity building (Village Water and Sanitation Committees);ensure an integrated service delivery mechanism by streamlining the functions of theagencies involved in project implementation and;10% (at least) capital cost sharing and 100% sharing of O&M cost by users. Theproportion of capital cost shared should increase proportionately with increasingservice demand. This contribution can be in the form of cash or kind (labour, land ormaterial)Taking up of conservation measures for sustained supply of water through rainwaterharvesting and ground water recharge structures.The project envisages Constitution of Water and Sanitation Mission (WSM) at the State andDistrict Level. The District Water and Sanitation Mission (DWSM) shall be a registered society tofunction under the supervision, control and guidance of Zilla Parishad. Wherever LSGs arefirmly in place and are ready and willing to take up the responsibility of effectiveimplementation of Sector Reform Project, they may be allowed to implement the project inthose districts instead of the DWSM. In such districts constitution of DWSM may not bemandatory.The guidelines also envisage the setting up of Village Water and Sanitation Committees(VWSCs) in each Gram Panchayat for implementation of Water Supply Scheme of their ownchoice with active participation of villagers. The composition and functions of the VWSCs canbe regulated by a set of by-laws under the State Panchayati Raj Acts. The role of VWSC are:ensure that GPs take up the issues related to this programme in each Gram Sabha meetingensure community participation and decision making in all scheme activitiesarrange community contributions to capital costs, bothin cash and kind (land, labour, materials)open and manage bank accounts for depositingcommunity cash contributions and for management ofproject funds that may be solely channelled throughthem; signing on behalf of the community, planning ofwater and sanitation activitiesprocure construction materials/goods and selection ofcontractors for construction activities related to RWSand Sanitation sectors48Such schemes proposed for theLSG will be subjected to theproposed ESMF procedure toensure the requiredenvironmental managementneeds so as to improve thesustainability aspects of thescheme

Chapter 2Policy, Legislation and Regulationsupervise the construction activities related to RWS and sanitation sectorssign off on all completed works and community development activitiescommission and eventual takeover of completed water supply and sanitation works througha joint inspection with DWSM, creating hygiene awareness, collection of funds through atariff system for O&M of water supply and sanitation worksmanage and finance O&M services, on a sustainable basisempower women of the villages for O&M and day to day affairs of the schemeinvolve in HRD and IEC activities of other villages after completion of own scheme2.2.3.2. Total Sanitation Campaign“Total Sanitation Campaign (TSC)” emphasizes more on Information, Education andCommunication (IEC), Human Resource Development, Capacity Development activities toincrease awareness among the rural people and generation of demand for sanitary facilities.This will also enhance people‟s capacity to choose appropriate options through alternatedelivery mechanisms as per their economic condition. The programme is being implementedwith focus on community-led and people centered initiatives. Children play an effective role inabsorbing and popularizing new ideas and concepts and this programme intends to tap theirpotential as the most persuasive advocates of good sanitation practices in their ownhouseholds and in schools. The main objectives of the TSC are to:Bring about an improvement in the general quality of life in the rural areas. Accelerate sanitation coverage in rural areas to access to toilets to all by 2012.Motivate communities and Panchayati Raj Institutions promoting sustainable sanitationfacilities through awareness creation and health education. Achieve total sanitation coverage in schools by March 2008 and Anganwadis by March 2009Promote hygiene education and sanitary habits among studentsEncourage cost effective and appropriate technologies for ecologically safe and sustainablesanitationDevelop community managed environmental sanitation systems focusing on solid & liquidwaste managementThe programme has the following components:(a) Start-Up Activities(b) IEC Activities(c) Rural Sanitary Marts and Production Centers(d) Provision of Revolving Fund in the District(e) Construction of Individual Household Latrines(f) Community Sanitary Complex(g) Institutional Toilets for schools & Anganwadi(h) Solid and Liquid Waste Management.The LSGs have a key role in ensuring thatsafety standards are met with allcomponents of TSC e.g. the distancebetween water source and a latrine–adhering to the minimum distance forIHHL, school and AW toilets andcommunity sanitary complexes; regulatingpit-depth, pit lining to prevent pollution,collapse of pit etc. The same will apply tokey hygiene behaviour such as keeping theenvironment around hand pumps /watersources clear and tidy and free of humanand animal excreta. These can be ensuredthrough the proposed ESMFAs per the Constitution 73rd Amendment Act,1992, Sanitation is included in the 11th Schedule. Accordingly, the TSC is being implementedby the LSGs. The Block and District level PRIs are to regularly monitor the implementation.

Environmental Assessment ReportKerala Local Government Strengthening ProjectThe incentive scheme, Nirmal Gram Puraskar (NGP) was launched by Govt of India in 2003 togive a fillip to the TSC by recognizing the efforts of PRIs and institutions who have contributedsignificantly towards ensuring full sanitation coverage in the areas of operation. The mainobjectives of NGP are to:a. bring the topic of sanitation to the forefront of social and political developmentdiscourse in rural Indiab. develop open defecation free and clean villages which will act as models for others toemulatec. give incentives to PRIs to sustain the initiatives taken by them to eliminate the practiceof open defecation from their respective geographic area by way of full sanitationcoveraged. increase social mobilization in TSC implementation , by recognizing the catalytic roleplayed by organizations in attaining universal sanitation coverage.Incentive amounts to PRIs are decided based on population criterion and it is to be used forimproving and managing the sanitation facilities in their respective areas.In Kerala, almost 97% of the Grama Panchayats , 83% of Block Panchayats and 57% of theDistrict Panchayats are declared open defecation free and awarded Nirmal Puraskar.Altogether, the incentive amount is around Rs.77 crore. The State Government and the LSGsalso set apart adequate fund for improving the sanitation through establishing systems for solidand liquid waste management, water quality surveillance, hygiene education, environmentalupgradation in addition to human excreta management.2.2.3.3. Watershed Development ProgrammeThe Department of Land Resources in the Ministry of Rural Development is administering thearea-based watershed programmes for development of wastelands/degraded lands namelyDrought Prone Areas Programmes (DPAP), Desert Development Programme (DDP) andIntegrated Wastelands Development Programme (IWDP) and currently the Hariyali scheme tocheck the diminishing productivity of wasteland and loss of natural resources. The state wasearlier covered under the IWDP and currently under Hariyali programme.Under the Hariyali initiative, Gram Panchayats shallimplement projects under overall supervision andguidance of Project Implementation Agencies (PIAs).An intermediate panchayat may be the PIA for all theprojects sanctioned to a particular Block/Taluka. Incase, these Panchayats are not adequatelyempowered, then the Zilla Panchayat can either act asPIA itself or may appoint a suitable Line Departmentlike Agriculture, Forestry /Social Forestry, SoilConservation, etc., or an Agency of the StateGovernment/ University/Institute as PIA. Failing theseoptions, the ZP/DRDA may consider appointing areputed Non-Government Organization (NGO) in theThe process have not yet trickleddown fully and hence theimplementation of watershedprogramme is not very effective.Moreover, the guidelines areinadequate to address therequirements of different ecoregions.The issues with respect towater logged areas are leftunaddressed. Also, the modality forconvergence of ongoing schemes hasnot been highlighted in theguidelines. The proposed ESMF mayfacilitate the integration.50

Chapter 2Policy, Legislation and Regulationdistrict with adequate experience and expertise in the implementation of watershed projectsor related area development works as the PIA after thoroughly examining their credentials.The PIA facilitates the Gram Panchayat for preparation of watershed development plansthrough Participatory Rural Appraisal (PRA), undertake community organisation and training forthe village communities, supervise watershed development activities, inspect and authenticateproject accounts.2.2.3.4. Joint Forest Management ProgrammeAfter the National JFM guidelines were issued in 1990, 22 States are now implementing theprogramme. The JFM programme has evolved to different levels across these States. WhileWest Bengal, Haryana and Orissa have completed two decades of JFM initiation, others likeAssam, Sikkim and Mizoram have issued enabling orders in 1998 and accordingly the issues forwhich they are seeking solutions are different. The 1990 guidelines have paved the way forJFM across the country and 22 states have issued enabling orders till date. The majorprovisions of the National Resolution are:Providing an enabling mechanism for participation of local communities and a platform forNGO participation,Facilitating institution building and allowed flexibility in their formation,Eliminating the involvement of commercial interests and the middlemen in the benefitsharing mechanism,Providing forest usufruct benefits to participating communities,Providing for wage employment to local communities for some forest related work,Allowing for plantation of indigenous, multi-purpose species of trees and even grasses,shrubs and medicinal herbs,Ensuring that the FD only harvests in accordance with a working scheme prepared inconsultation with local communities.2.2.3.5. Poverty Alleviation ProgrammesSwarnjayanti Gram Swarozgar Yojana (SGSY)The SGSY is a self-employment programme launched in 1999 with emphasis on the following:Focused approach to poverty alleviation.Capitalizing advantages of group lending. Overcoming the problems associated with multiplicity of programmes.It is conceived as a holistic programme of micro enterprises covering all aspects of selfemployment viz. organization of the rural poor into self help groups (SHGs) and their capacitybuilding, planning of activity clusters, infrastructure build up, technology, credit andmarketing. The programme envisages to take the existing poor families above the poverty line.The programme involves assistance to the BPL households, identified through BPL census, dulyapproved by the Gram Sabha. The beneficiaries could be individuals or groups. While theidentification of individual beneficiaries is made through a participatory approach, theprogramme lays emphasis on organization of poor into SHGs and their capacity building. TheSHG may consist of 10 to 20 persons. In case of minor irrigation, and in case of the disabled,the minimum is 5 persons. Under the scheme, progressively, majority of the funding would be

Environmental Assessment ReportKerala Local Government Strengthening Projectfor SHGs. Group activities stand a better chance of success because it is easier to provideback-up support and marketing linkages for group activities. Involvement of women membersin each SHG is encouraged and at the block level it is stipulated that, at least half of thegroups will be exclusively women‟s groups. For providing a revolving fund to the SHGs, theDRDAs could use 10 per cent of the allocation under SGSY.The SGSY is a credit-cum-subsidy programme, with credit as the critical component andsubsidy as a minor and enabling element. Accordingly, the SGSY envisages greater involvementof banks and promotion of multiple credit rather than a one-time credit injection. Theemphasis of SGSY is to identify four to five key activities are to be identified in each blockbased on the resource endowments, occupational skills of the people and availability ofmarkets and these activities may be implemented preferably in clusters so that backward andforward linkages can be effectively established. The key activities are to be selected with theapproval of the Panchayat Samiti at the block level and DRDAs/Zila Parishad at the districtlevel. SGSY adopts a project approach with project reports being prepared for each keyactivity in association with banks and financial institutions. It is envisaged that a major shareof SGSY assistance would be in activity clusters.Swarna Jayanti Shahari Rojgar Yojana (SJSRY)The Swarna Jayanti Shahari Rojgar Yojana (SJSRY) is a unified Centrally Sponsored Schemelaunched afresh in lieu of the erstwhile Urban Poverty Alleviation Programmes viz., NehruRojgar Yojana (NRY), Prime Minister's Integrated Urban Poverty Eradication Programme(PMIUPEP) and Urban Basic Services for the Poor (UBSP). The objectives of the programmeinclude:Gainful Employment to Urban Poor, Unemployed and Underemployed.Setting up self Employment ventures and provision of wage-employment.Community Empowerment through creation of suitable community structures on UBSPpattern.Capability Building, Women's Group for small enterprises, Women's Thrift-cum-CreditSocieties.The pattern of Centre and State in 75:25 basis. The Scheme envisages in two key components:1. The Urban Self Employment Programme (USEP)Assistance to individual urban poor beneficiaries for setting up gainful self employmentventures.Assistance to groups of urban poor women for setting up gainful self employment ventures.This sub-scheme is called "The Scheme for Development of Women and Children in theUrban Areas (DWCUA)". Training of beneficiaries, potential beneficiaries and other persons associated with theurban employment programme for up gradation and acquisition of vocational andentrepreneurial skills.2. The Urban Wage Employment Programme (UWEP)The basic objective of the scheme is to provide wage employment to those people belowpoverty line who are in need of such income, particularly during the lean season. While52

Chapter 2Policy, Legislation and Regulationproviding employment, durable community assets which are of continuing and direct benefit tothe poor should be taken up. Only the basic needs infrastructure identified under the povertyalleviation sub-plan shall be taken up. The Material-Labour Ratio for the works taken up underthe Programme shall be maintained at 60:40. However, if durable assets require a highermaterial component, it may be provided using Municipality's resources. The Urban WageEmployment Programme shall be dovetailed into State Sector Slum Development Programmesas well as National Slum Development Programmes. The work shall be implemented using ratesfixed under the Public Works Rules applicable to Municipalities from time to time.National Rural Employment Guarantee Scheme:A detailed discussion of this flagship scheme is provided earlier in this Chapter, section2.2.2.13.2.2.3.6. Housing ProgrammesIndira Awaas Yojana (IAY)The objective of IAY is primarily to help construction of dwelling units for people belowpoverty line living in rural areas belonging to SC/ST, freed bonded laborers and non SC/STcategories. Since 1999-2000, 80% of total allocated funds is earmarked for construction of newhouses and 20% for upgradation of Kachha unserviceable houses. As per the guidelines, 60% ofassistance should go in favour of Scheduled Castes beneficiaries. The funding of IAY is sharedbetween the Centre & State in the ratio of 75:25.The selection of the beneficiaries is through the Gram Sabha and the beneficiaries havecomplete freedom as to the manner of construction of the house. No contractor is to beengaged for construction of the houses under IAY. The financial assistance provided for newconstruction is Rs.35,000/- per unit in plain areas & Rs.38,500/- in hilly/difficult areas. Theassistance for upgradation of unserviceable kutcha house to pucca/semi pucca house isRs.15,000/- for all areas. The assistance for credit-cum-subsidy scheme is also Rs.12,500/- perunit. Maximum of 20% of IAY allocation can be utilized for upgradation or/& credit-cumsubsidyscheme. Sanitary latrines and smokeless chullahs are an integral part of the IAYhouses. The allotment of dwelling units under the scheme are in the name of the femalemember of the beneficiary household and male members are allotted houses only if there is nofemale member in the family.2.2.3.7. Jawaharlal Nehru National Urban Renewal Mission (JNNURM)JNNURM supports 63 cities (7 mega cities, 28 metro cities and 28 capital cities and towns ofhistorical/religious importance) across the country in terms of perspective plans called CityDevelopment Plans (CDPs) for overcoming theinfrastructure gaps relating to water, sanitation,sewerage, drainage and roads on the one hand anddeficiencies in housing and basic services on the otherhand. The Mission approach is reform based withreleases being made subject to implementation ofspecified reform agenda. JNNURM encourages privatesector participation with the Government providingIn Kerala, Thiruvananthapuram andKochi are covered under the scheme.Here, all the projects other thanthose requiring environmentalclearance from the Centre or Stateagencies will be brought under theproposed ESMF.

Environmental Assessment ReportKerala Local Government Strengthening Projectviability gap funding through the Mission for large projects where the open tendering processshows specific shortage in economic viability.2.2.3.8. Urban Infrastructure Development Scheme for Small and Medium TownsUrban infrastructure Development Scheme for Small & Medium Towns (UIDSSMT) aims toimprove the urban infrastructure in a planned manner. The objectives are to:a. Improve infrastructural facilities and help create durable public assets and quality orientedservices in cities & townsb. Enhance public-private-partnership in infrastructural development andc. Promote planned integrated development of towns and cities.The duration of the Scheme is seven years from 2005-06 and it covers all cities/towns as per2001 census, except that covered under JNNURM. Allocation of funds among states will be onthe basis of the state‟s urban population to the total urban population in the country(excluding cities covered under JNNURM). The components for assistance under the schemewill include all urban infrastructure development projects including water supply andsewerage. Land cost will not be financed except for acquisition of private land for schemes/projects in the North Eastern States & hilly States viz. Himachal Pradesh, Uttaranchal andJammu & Kashmir.The outcomes envisaged for the scheme are:Modern and transparent budgeting, accounting, financial management systems, designedand adopted for all urban services and governance functionsCity-wide framework for planning and governanceAccess to basic level of urban services for all urban residentsFinancially self-sustaining agencies for urban governance and service delivery throughreforms to major revenue instrumentsTransparent and accountable local services and governance to citizensReduced cost and time of service delivery processes through e-Governance applications incore functions of ULBs/para-statals.2.2.3.9. Integrated Low Cost Sanitation ProgrammeThe objective of the Scheme is to convert/ construct low cost sanitation units through sanitarytwo pit pour flush latrines with superstructures andappropriate variations to suit local conditions (areaspecific latrines) and construct new latrines whereEWS household have no latrines and follow theinhuman practice of defecating in the open. Thiswould improve overall sanitation in the urban areas.The scheme covers all the EWS households, which havedry latrines or having no latrines. The schemeenvisages 75% Central Subsidy, 15% State Subsidy and10% beneficiary share and the upper ceiling cost of Rs.10000/- for a complete unit of two pit pour flushIn the State, there is a shortage ofaround 89000 toilets in the Urbanareas. The Government of Kerala hasentrusted Suchitwa Mission tofunction as the nodal agency forcoordinating the programme and sofar schemes for 8 Municipalities havebeen approved. These projects willbe screened under the ESMF forensuring incorporation of mitigationplans, if any, required.54

Chapter 2Policy, Legislation and Regulationindividual latrine with superstructure. In States falling in the category of difficult and hillyareas, the upper ceiling cost will be Rs. 12,500/- for one complete LCS Unit.2..3.. Goverrnmentt off Kerralla:: Polliicy,, Legiissllattiion and Regullattiion2..3..1.. Polliicciiess2.3.1.1. Environmental Policy, 2007The principal objectives of this policy are listed below.1. Ensure conservation of natural resources, including species, ecosystem and genetic wealth.2. Ensure equitable access to environmental resources to all the sections of the society,particularly the poor, whose survival depends on the availability of natural resources, andto ensure sustainable and equitable use of environmental resources for meeting their basicneeds of present as well as future generations.3. Ensure efficient use of environmental resources in the sense of reduction in their use perunit of economic output, to minimize adverse environmental impacts.4. Mitigate the damage already caused to the environment and the ecosystems by suitablerestoration/ameliorative measures, and prevent and control further deterioration of land,biomass, water and air which constitute our basic life-support systems.5. Ensure that development projects are correctly translated and implemented so as tominimize their adverse environmental consequences and to integrate environmentalconcerns into policies, plans, programmes, and projects for economic and socialdevelopment.6. Apply the principles of good governance (transparency, rationality, accountability,reduction in time and costs, participation, and regulatory independence) to themanagement and regulation of use of environmental resources.7. Ensure higher resource flows, comprising finance, technology, management skills,traditional knowledge, and social capital, for environmental conservation through mutuallybeneficial multi-stakeholder partnerships between local communities, public agencies,academic and research community, investors, and multilateral and bilateral developmentpartners.The policy is to strengthen Panchayats to the maximum extent, and gradually pass on to themthe control and governance of those things that matter most to the people. The policyforegrounds people, and their participatory involvement.2.3.1.2. Kerala State Water Policy 2007The ownership of water resides with the State as a publicly owned resource with entitlementfor individuals, communities and service providers to use water without owning it. In order toconserve and manage water, micro-watershed has been considered as a basic unit and riverbasin, as an integrated unit of micro-watersheds, shall define water rights and regulate wateruse. This will facilitate a resource-based approach, user participation and a sustainable andequitable water resource management.The major objectives of this Policy are to:

Environmental Assessment ReportKerala Local Government Strengthening ProjectAdopt integrated and multi-sectoral approach for planning, development and managementof water resourcesConsider micro watersheds as the basic unit for the conservation and optimal utilization ofwater resources for achieving resource sustainabilityIntegrate the problems and prospects of water resource systems by considering river basinas the basic unitEmphasize the importance of comprehensive watershed conservation and managementplan, water quality management plan, long-term sub-basin and river basin operation andmonitoring plan and State water resource planEnable appropriate institutional mechanism and legal measures for sustainable waterresource development and management.The policy envisages the following parameters and initiativesThe State shall follow the following priority for allocating water among the variouscategories of users- Domestic use being the first priority followed by Agricultural use,Power generation, Agro-based industrial use, Industrial and commercial use, All other uses.Government shall prioritize the availability of water to vulnerable groups and take stepsfor the sustainable management and development of each river basin.The State shall establish a well-defined transparent system for water entitlementsaccording to the guidelines and prescriptions made and accepted by the public at large.Government shall be guided by the realization that water as a community resource shall beprimarily utilized for public benefit and individual‟s interest shall not be allowed to takeprecedence over public interest. The commercial exploitation, use and transactions ofwater by private individuals and establishments shall be regulated.In order to analyze and improve the performance of all water resource projects,benchmarking exercise shall be undertaken and completed in a time bound manner. In allirrigation projects, Participatory Irrigation Management (PIM) shall be implemented. Wateraudit shall be made compulsory for all the projects.A state-level master plan for water resource development and management shall beprepared by compiling the status and action plans in each micro watersheds, sub basins andriver basins in a hierarchical form.Rainwater harvesting shall be given priority and promoted especially in the coastal andhigh range regions. Special incentives and support shall be extended to Local SelfGovernments and institutions for popularizing rainwater harvesting structures.There shall be specific plan of actions for implementing location specific sewerage systemin all urban areas and appropriate sanitation systems in all rural areas.The effectiveness of existing regulatory measures brought about for controlling sand miningmay be reviewed and made more effective and participatory in nature.The implementation of projects for mitigating the problem of coastal erosion shall beundertaken based on detailed coastal zone management plan and in consultation with therespective Local Self Governments.The existing institutions for governing water resources shall be reviewed with a view toattending to water resources on the basis of river basins and watersheds so as to ensureresponsibility for protection, conservation, development and management of the resourcesof rivers. The reconstitution shall be done in such a manner that it facilitates technical56

Chapter 2Policy, Legislation and Regulationsupport to Local Self Governments in water sector. Water Users Association /Group andsuch other informal organizational mechanisms shall be considered for facilitatingsustainable and equitable distribution of water resources.The Panchayati Raj institutions shall be capacitated for fulfilling their responsibilities inwater and sanitation sector as envisaged in the Constitutional amendments.The water charges for various uses shall be fixed in such a way that they cover at least theoperation and maintenance charges for providing the service. The subsidy on water rates tothe disadvantaged and poorer sections of the society shall be continued.The policy also envisages new enactments to include the aspects of the water rights,prioritization of water use, groundwater exploitation, bulk supply, water harvesting, transferof irrigation systems to users, use of irrigation water for drinking purpose, water pricing andsubsidy norms, water conservation and harvesting, reconstitution of institutional mechanismetc. In the context of Local Governments, Micro-watershed as a planning unit is one of the keyrecommendation of this policy, which could be adopted for mainstreaming natural resourceconsiderations into development planning.2.3.1.3. Kerala Biotechnology PolicyIt is designed to catalyze the development and application of BT, taking advantage of theState‟s resources and emphasizing its specific needs while meeting global requirements. Thepolicy is aimed to ensure rapid exploitation of pipeline technologies and opportunitiesavailable in the State to products and processes and to promote the sustained build-up of anelite knowledge cadre and knowledge base through the strengthening and creation ofeducational and R&D institutions, establishing infrastructure and putting in placeadministrative, regulatory, legal and financial framework conducive for investment and growthof BT enterprises, for the economic development and human welfare.The specific objectives and goals are :Create a biotech knowledge base and human resources by establishing world-class centresof education and R&D in biotechnology by upgrading existing institutions and/or organizingnew entities in the public and private sectorsApply biotechnology tools to:(1) enhance the value with adequate assurance of quality in the State‟s export-orientedresources such as spices and related plantation crops, sea foods and marine resources;(2) upgrade productivity and evolve new application in rubber, coconut, tuber crops anddevelop novel internationally competitive products;(3) ensure the sustainable and eco-friendly exploitation of the State‟s forest, animal andmarine wealth;(4) boost the State‟s renowned health care practices of Ayurveda by synergising traditionalknowledge with the scientific validation and technical product profiling and clinical database and by evolving means to conserve and substantially use one of world‟s most-valuedbiodiversity treasures located in the State.(5) promote traditional tribal and ethnic knowledge in medicine and other areas of humanwelfare by scientific validation and facilitating intellectual property rights.

Environmental Assessment ReportKerala Local Government Strengthening Project(6) develop recombinant DNA and other modern technologies to combat the major healthhazards of the State such as cancer, diabetes and cardio-vascular and other physiologicaldisorders; to develop diagnostics and vaccines for overall healthcare as well as to protectthe State‟s agriculture, spice, plantation and forest crops, from biotic and abiotic stresses.(7) enhance the quality of the environment and promote sustainable development;(8) create, coordinate and disseminate a data base encompassing the above cited areas;(9) provide an ambience with a package of guidelines for financial support and incentives,legal and labour reforms as well as institutional autonomies needed for the healthy,efficient and competitive growth of biotechnology knowledge base and industry.2.3.1.4. The Kerala Urban PolicyThe urban sector in Kerala comprise of five Municipal Corporations and 53 Municipalities.25.97% of the population live in urban areas. The dispersed settlement pattern, as a result ofhistorical trends, liking for homestead type development, comparatively developedinfrastructure in urban and rural areas, availability of subsoil water etc can be considered asboth a prospect and a problem. The urban spread demands more investment in infrastructuredevelopment and may result in depletion of agricultural areas. This trend may also increasetransportation costs and energy consumption. The dispersed settlement system preventprimate city development and metropolitan city development and the problems connectedthere with. The rural to urban migration which accentuates urban problems and urban povertyis marginal in the state. The important aspects of the policy are the following:Acknowledges the poor resource generation capabilities of the ULBsGovernment to perform the regulatory tasksFeasibility of outsourcing of service, privatization, Public Private Participation (PPP)involvement of co-operatives and NGOsConstitution of an Urban Regulatory Authority (URA), entrusted with the responsibility toensure private sector participation in municipal services, prevent monopolies in municipalservices, maintain quality of services, ensure reasonable cost of public servicesStatutory powers to URAUnified legislation on Town and Country Planning with wider provisions for preparation ofState Spatial Development Plans, Regional Development Plans, District Development Plans,Urban Development Plans and Special Area Development PlansReservation of the right to designate critical land for its best use to governmentRegulation of indiscriminate conversion of low lying urban areas using policies arrived atbased on scientific studiesLevying development charges on every land transaction, new construction, and newcommercial ventures that are coming up in any project areaPermission to high rise-high density developments only in areas where the infrastructure iswell developed and/or the infrastructure capacity could be augmented without creatingimbalanceConservation of rich heritage structures and areasDevelopment of parks and open spaces including those of specialized nature such asamusement parks, recreational walkways etc.,58

Chapter 2Policy, Legislation and RegulationApproval for major development projects linked to their Environmental Impact Assessment(EIA) statementsJudicious land use planning adopting poly nodal planning approachFeasibility of private sector participation for projects in transport sectorHighlights the role of ULBs in water supply, drainage and hygieneChangeover of the accounting system in ULBs and conversion to double entry book keepingsystem as a priority areaGreater autonomy to Urban Local Bodies in the fixation of taxes, rates, user charges etcwhile removing chances of misuse, arbitrariness etc.Augmentation of Municipal finance through floating of Municipal bondsReview of the existing organizational structure under urban administrationReview and bring in required modifications in terms of professional capability and technicalcompetence2.3.1.5. The Kerala Energy PolicyThis policy is directed towards a greater thrust on overall development and promotion ofrenewable energy technologies and applications. “Renewable Energy” or “non-conventionalenergy” refers to energy from sun (thermal and photovoltaic), biomass (direct burning,gasification or methanation, including municipal solid waste) small hydel power plants upto 25MW station capacity, wind, tide, wave, geo-thermal etc. The objectives of the policy are:o Development, propagation and promotion of Non-conventional Energy sources.o Exploitation of Natural resources to avail cheaper power.o Acceleration of identification, development and implementation of new projects with thelong-term objective of substituting all non-renewable sources.o Development of Eco-friendly Projects.o Provision of “single window” service for technical consultation, sources of finance andproject clearance.o Decentralised and microlevel power generation through renewable energy sources toreduce expenditure on transmission lines and transmission and distribution losses.o Self-sufficiency in Power in the near future.o Creation of suitable environment for private participation in Power Generation sectors.o Publicity of Renewable Energy through various media.The policy envisages to equip the Local Self-Governments for developing wind, water and waveenergy resources and designate ANERT as the State Nodal Agency for coordinating all activitiesrelating to Renewable Energy Development. It also identifies all power producers, generatinggrid-grade electricity (quality of power produced should be equal or above the quality ofpower in the grid) including power producers from „stand alone projects‟ using NonconventionalEnergy Sources, are „eligible producers‟. Companies, co-operative, partnerships,Local Self Governments, registered societies, NGOs, individuals etc. would also be eligibleproducers.Energy conservation is a cheaper way to produce power. To this end,o Fluorescent and Compact Fluorescent Lamps (CFL) are made mandatory in all newHospitals, Hotels, Government Offices and offices of Public Sector undertakings. In the

Environmental Assessment ReportKerala Local Government Strengthening Projectoocase of existing Hospitals, Hotels, Government Offices and Offices of Public Sectorundertakings, where incandescent lamps are used at present, the same should be replacedby Fluorescent and Compact Fluorescent Lamps of prescribed quality within a period of 2years from the date this policy comes into force. ANERT should ensure this with the help ofLocal Self-Governments and other Governmental organizations.Solar Water Heating Systems are made mandatory in all Lodges and Hotels having 10 ormore rooms and in hospitals with 20 beds or more.Energy efficient devices such as, Improved Community Chulhas, gasifiers, etc. are mademandatory in all Hotels, Hostels and Schools with noon meal scheme and in all industrieswhere firewood is used as a fuel.Choice of Green Pricing is given to interested customers, who choose to pay extra for theenergy generated from Renewable Energy Sources (Green Energy).2.3.1.6. Kerala Fisheries PolicyKerala with a total terrestrial area of 38000 km 2 has a coastal line of 590 km. The coastal sea,which has the same area as that of the terrestrial area, is one of the most productive areas asfar as fishing is concerned. The major share of exports from India in this sector is from Kerala.More than a million people belonging to the fishing communities live in 222 fishing villages inthe State. The traditional skill in fishing, courage and sense of adventure are their assets.About 2 lakh people live on ancillary activities like processing of prawns and fish and marketingof fish for a living in Kerala. Some of the salient features of the policy are outlined below:Ban on trawling during the monsoons during which mechanised country boats with outboardengines and inboard engines above a specified horse power shall not be permitted to fish.Registration with the Kerala State Fisheries Department shall be compulsory for all boatsfishing in the seas near the coast of Kerala State.Enforcement of controls on boats utilising the ring-seine regulating the size of the boats,and weight and size of the nets.Ban on mini-trawling as well as pair trawling by utilising country boats in areas wheretraditional country boats operate.Proposal for a Coastal Development Authority which provide maximum benefits to thefisher men operating in coastal areas and inland waters.Steps for regulating the excess number of boats in the Kerala seas in consultation withexperts, sectoral leaders and people‟s representatives.Ensure inclusion of only actual fishermen in the annual list of fishermen prepared by theFishermen‟s Welfare Fund Board.Supply of identification cards with photographs to all fishermen, ensuring that ineligiblepeople do not get the benefits meant for fishermen.Time-bound-program to provide houses to actual fishermen with assistance from CentralFishermen‟s Welfare Board, Hudco and other housing finance agencies.Provide sanitation facilities in all fishing villages and installation of solar lamps in fishingvillages where electricity is yet to reach.Setting up of Matsyabhavans in coastal panchayats as agencies/ single window system forsatisfying the various needs of the fishing communities.60

Chapter 2Policy, Legislation and RegulationEntrust the responsibility of scrutinising and approving fisheries related projects of theLocal Governments to the officers of the Fisheries Department, Matsyafed or Adakconsidering them as Technical Experts.Treat fish production, aquaculture and related activities as agricultural occupations for allpractical purposes and extend the benefits given to farmers for electricity, water and otherbasic amenities to fisheries sector also.Preparation of map of water bodies suitable for aquaculture with the help of LocalGovernments and Research institutions.Persuade Fish and Prawn farmers for group farming and provide them technical assistance.Formulate special programs for the conservation and development of fish and prawns underthe threat of extinction.Protect common water sources from the threat of pollution through legislation.Introduce Group Insurance facilities in the field of aquaculture.Formulate projects for developing fisheries wealth in the hither-to unexploited fields likeintegrated fish farming in inland waters, game fisheries etc.Construct artificial reefs in the sea and lakes, sawing fish seed in public water bodies etcfor preventing extinction of fish wealth and ensuring growth on a large scale.Amend the existing acts and rules relating to land use to promote integrated farming ofpaddy-fish, paddy-prawn combinations. Organize awareness programs through ADAK toward off any fears of harm to the paddy cultivation and employment loss.Impose restrictions and controls on importing fish/prawn seed from hatcheries outside thestate to check disease to prawns and fish and enforce licensing system for hatcheries.Prepare a unified Inland Fisheries Act, modifying the Travancore-Cochin Fishing Act andIndian Fishing Act suitably and incorporating the provisions for development of inlandfisheries.Steps for obtaining licence from the National Aquaculture Agency for cultivation of prawnin areas under CRZ.Promote aquaculture maintaining the ecological balance as per the guidelines of theNational Aquaculture Agency.Stipulate the handing over of inland waters under their administrative control ofPanchayats, Municipalities, and Corporations only to the FFDA, for short term lease, five toseven years, and for long term lease, fifteen years or more.Undertake fish farming in natural water bodies through fish farmers groups with trainingand organizational support of the FFDAs.Assess and re-register fixed nets and Chinese nets under the proposed Inland Fisheries Actconsidering the importance of maintaining ecological balance of the estuaries.Remove all the existing unlicensed nets in phases within the next five years, without takinginto account the nature of ownership. However, those nets that have been operated formore than ten years and licensed to Welfare Organisations will be protected.Launch Fisheries Tourism utilizing the potential of reservoirs, lakes, ponds, rivers andrivulets etc. The reservoirs in the high ranges are suitable for angling of Mahasir fish.Hatcheries will be established for the development of such fish wealth here. Steps will betaken to attract foreign tourist to such areas with the help of angling associations.

Environmental Assessment ReportKerala Local Government Strengthening ProjectConduct seminars and exhibitions for awareness building on the potential of developmentof ornamental fisheries.Develop mangroves on the beaches of lakes to conserve the genetic diversity of fish whichis facing the threat of extinction.Promote aquaculture including cultivation of prawns, crabs etc. in the lakes (Kerala hasabout 20000 hectares of lakes suitable for aquaculture development) with the assistance ofBrackish Water Fish Farmers Agency.Strengthen the activities of Matsyafed, a producer co-operative, in the field of marketing.Set up clean fish markets with all modern amenities by Matsyafed with the help of LocalGovernments.Organize small self help groups of unemployed women among the fishing communities andimpart job-oriented training to them.Launch a special literacy program concentrating on fishing villages and provide assistanceto women‟s associations of the community for activities on empowerment of women.Launch special projects for providing safe drinking water in fishing villages includingprojects to harvest rain water, incentives for the education of the children of the fishingfolk covering vocational courses in self-financing institutions also, steps to bring down therate of drop-outs in schools with the help of voluntary organisations, child care centres inthe fishermen‟s villages to enable the girls who are compelled to stop education and act asbaby sitters where both the parents have to go to work.2.3.1.7. The Kerala Industrial and Commercial Policy 2007The policy spells out the thrust areas, methods of intervention and strategy for the promotionand development of industrial and commercial activities in the State. The Policy does notassign any specific role to the Local Governments in the promotion and development ofIndustry and trade in the State, except promotion of micro and small enterprises using thefunds and unused land of Local Governments. It also mentions about sourcing of a reputedconsultant to identify the areas for utilising the entrepreneurship opportunities in theGovernment/Quasi Government/Local Self Government/ Private Sector. The policy recognizesthe powers vested with Local Governments for establishment of infrastructural facilities andother common facilities to enable the developments of Industries to enhance local economicactivities. In order to create and sustain an entrepreneurial environment at local level,interventions are identified in the following areas of activity.1. Infrastructure facilities at reasonable cost to entrepreneurs after providing training.2. Training to workers based on the requirement of the units to be established.3. Promotion of household units and small business.4. Handholding of the units till the activities is streamlined.5. Establishment of common facility centres including testing facilities6. Facilitation centres for assisting entrepreneurs to identify appropriate products andservices7. Formulation of viable project proposals complying the formalities with the Governmentalagencies during the preliminary stages, sourcing of raw material, management ofaccounting function, marketing support, enabling institutional finance.8. Facilitation for technical and technological support.62

Chapter 2Policy, Legislation and RegulationThe Local Governments has a lead role of facilitator in creating and sustaining entrepreneurialenvironment with in the overall frame work of the Policy, focussing on the development ofhousehold units, micro and small enterprises, and small business.2.3.1.6. The Kerala Housing and Habitat Policy 2007The Kerala Housing and Habitat Policy aims to:Create adequate and affordable housing stock on ownership and rental basis.Facilitate accelerated supply of serviced land and housing with particular focus to EWS andLIG categories and taking into account the need for development of supportinginfrastructure and basic services to all categories.Facilitate upgradation of existing decaying housing stock and deficient infrastructure ofvillages, towns and cities and comparable to the needs of the times.Ensure easy accessibility of sanitation facilities and drinking water to all dwelling units.Promote larger flow of funds to meet the revenue requirements of housing andinfrastructure using innovative tools.Provide quality and cost effective housing and shelter options to the citizens, especiallythe vulnerable group and the poor.Use cost effective technologies for modernizing the housing sector to increase efficiency,productivity, energy efficiency and quality.Harness technology particularly to meet the housing needs of the poor and also specificrequirements of `green‟ and sustainable housing.Guide urban and rural settlements so that a planned and balanced growth is achieved withthe help of innovative methods such as provision of urban amenities in rural areas (PURA)leading to in-situ urbanisation.Develop cities, towns and villages in a manner which provide for a healthy environment,increased use of renewable energy sources and pollution free atmosphere with a concernfor solid waste disposal, drainage, etc.Use the housing sector to generate more employment and achieve skill upgradation inhousing and building activity, which continue to depend on unskilled and low wageemployment to a large extent.Remove legal, financial and administrative barriers for facilitating access to tenure, land,finance and technology.Continue the full subsidy based housing scheme for deserving poorest of poor, a progressiveshift to part cost recovery-cum-subsidy scheme for housing needs of others, through a proactivefinancing policy including micro-financing, self-help group programmes.Facilitate restructuring and empowering the institutions at state and local governments tomobilize land and planning and financing for housing and basic amenities.Forge partnerships between private, public and cooperative sectors to enhance thecapacity of construction industry to participate in every sphere of housing and urbaninfrastructure.Meet the special needs of SC/ST/disabled/freed bonded labourers/ slum dwellers, elderly,women, street vendors and other weaker and vulnerable sections of the society.Involve disabled, vulnerable sections of society, women and weaker sections informulation, design and implementation of the housing schemes.

Environmental Assessment ReportKerala Local Government Strengthening ProjectProvide disaster resistant housing & habitat development from natural calamities likecyclone, flooding, landslide, tsunami and earthquake.Encourage small scale production units for building materials and components.Protect and promote cultural heritage, architecture, and traditional skills.Establish a Management Information System in the housing sector to strengthen monitoringof building activity in the state through the office of the Housing Commissioner.Restructure and strengthen the Kerala State Housing Board and KESNIK and network ofNirmithi Kendras.Strengthen initiatives for creation of scientific and periodic data base on socio-economicand technological aspects on Housing Sector in Kerala and strengthening the office of theHousing Commissioner.Ensure that the Housing Department and its agencies will take up a responsible role in theaccomplishment of State initiated “EMS Sampoorna Parpida Padhathi”.Remove bottlenecks and impediments related to legal, regulatory framework andrevamping the existing laws and regulations to provide facilitating environment for housinginitiatives.The policy outlines the role of Local Self Government Institutions as to:identify specific housing shortages and prepare local level Housing Action Plans.devise programmes to meet housing shortages and augment supply of land for housing,particularly for the vulnerable groupsupport public/private/NGO/CBO sector participation in direct procurement of land forEWS groups.plan expansion and creation of infrastructure services like network of roads for safe andswift commuting, adequate & safe water supply, efficient waste treatment and disposal,convenient public transport, adequate power supply, a clean & healthy environment,amenities consisting of educational and recreational facilities, medical facilities, rainwater harvesting, etc. through direct efforts and incentivising the private/voluntary sector.plan housing complexes and industrial estates which include a provision for hostelaccommodation for working women, crèches and day-care centres.Implement central and state sector schemes and programmes pertaining to housing andinfrastructure sector.enforce effectively regulatory measures for planned development.Promote participatory planning and funding based on potential of local level stakeholders.devise capacity building programmes at the local level2..3..2.. Accttss and Regullattiionss2.3.2.1. Kerala Panchayati Raj Act 1994The Kerala Panchayat Raj Act introduced in 1994 gives vast powers to the Local SelfGovernments (LSGs) for the protection of environment. The salient features of the Act aregiven below:All water bodies including rivers, lakes, water bodies, thodu, and canal, irrigationdrainage, well, ponds etc and its banks are vested with the LSGs and their protection is theresponsibility of the LSG.64

Chapter 2Policy, Legislation and RegulationLSG shall, as per section 219A, make arrangements for theo Removal of solid wastes generated in their area.o Sweeping and cleaning and keeping the streets, roads etc neat and tidy.o Collection and removal of solid wastes daily from private property.o Removal of solid wastes from bins and storage facilities on daily basis.o Providing storage facilities or bin for collection of wastes.o Providing covered transportation facilities for removal of wastes.o Avoiding nuisance from the water handling facilities.o Providing facilities for final disposal directly or through operatorso Providing specified storage facilities for the solid wastes generated and collectingthe wastes therein.o Keeping the storage facilities neat and disposing the waste as per the notice of theSecretary of respective LSGs.o Segregating and storing the waste as per the instructions of the Secretary forconvenience of the waste collector.o Delivering the waste so collected to the persons notified by the LSG or tocommunity storage facilities.o Entering into with persons /establishment by the LSGs for removal of wastes fromtheir property as per the agreed terms and conditions.o Providing house-to-house collection system by the LSGso Owning the solid waste generated as the property of the LSGs.o Notifying and acquiring suitable land for final disposal of solid wastes taking intoaccount the environmental suitabilityo Providing facilities for the conversion of waste into fertilizer and its saleo Disposing wastes unsuitable for conversion to fertilizer in secured landfill.o Incinerating the bio-medical wastes generated in specified hospitals and hazardouswastes generated except from industrieso Providing recycling, treating and disposal facilities by the LSGs through publicprivateparticipation.o Remove the solid wastes from premises other than residential area.o Prohibiting storage of solid waste more than 24 hours.o Prohibition of discharge of effluent or water into public places.o Restriction of storing skins and hides.o Prohibition on the transportation wastes in vehicles without covering.o Prohibition of creation of nuisance by open defection.o Restriction on disposal of wastes by the Local Self Government staff in places otherthan notified for the purpose.There are provisions in the Act forPunishment with a penalty not less than Rs.50 and not more than Rs.250 for violation of theprovisionsInsisting industrial establishments for taking remedial measures to remove sound pollution,vibration, air pollution etc.Empowering the LSGs to engage agencies at the cost of industrial establishment forobtaining expert opinion on the nuisance caused

Environmental Assessment ReportKerala Local Government Strengthening ProjectObtaining report from the District Medical Officer in case of industries which may causepollution.LSGs to take charge of water supply and drainage and be responsible for planning andimplementation of scheme for the same.Block Panchayats to undertake regional schemes for water and drainage.LSGs to impose and collect water charges and service charges from users.The LSGs, in general, lack motivation and initiatives for taking measures to protect environmentand prevent pollution. Irrespective of various measures, the environmental actions required to beinitiated at the grass-root level are not in the priority list of LSGs. This is because of the lack ofinformation and education on the implications of poor environmental upkeep. The level oftechnical support and dissemination of appropriate technology for environmental solutions are alsonot commensurable with the requirement. Therefore, there is no considered demand or initiativesby the LSGs for addressing environmental issues. The proposed ESMF shall change the scenario2.3.2.2. Kerala Municipalities Act 1994The sections 315 to 492 of the Municipalities Act 1994 provide adequate powers and functionsto the Municipalities for the prevention and control of environmental pollution. Theseprovisions are similar to that of Kerala Panchayat Raj Act 1994. The Kerala Municipalities Actprovides powers on the Municipality and requires the public to do certain activities withutmost care without damaging the environment. The salient aspects of the KeralaMunicipalities (Act) 1994 are given below. Accordingly, the Municipalities are:Vested with the services of water supply and sewerageEmpowered to prepare& implement water supply and sewerage schemesRequired to provide public latrines at convenient places and the same cleaned and kept inproper order on a daily basis.Authorized to direct the owner of the building, market, bus stand etc to provide latrineand maintain them properly.Required to arrange for the removal of rubbish solid wastes and filth.Require the owners and occupants for the storage and disposal of rubbish and solid wastes.The Municipality has been empowered to:o Contract with an owner or occupier for removal of rubbish or filth.o Introduce house to house collection of solid wastes and rubbish.o Provide final disposal of solid wastes considering that the rubbish and solid wastesare the property of municipalityo Provide provision for processing of wastes.o Collect contribution from those responsible for the places of pilgrimage etc for thefacilities provided.o Remove the solid wastes, rubbish etc from non –residential premises.o Prohibit improper disposal of carcasses, rubbish or filth.o Prohibit premises from keeping filth, disposal of skin etc.o Prohibit outflow of sewage or filth.o Prohibit littering.o Prohibit the employees of the municipality from disposing the waste at the publicplaces other than specified.66

Chapter 2Policy, Legislation and RegulationoPunish for the offences with a fine not less than Rs.50 and not exceeding Rs.250.The Municipalities are also to:Do the watering of the streetsRegulate the operation of quarrying.Regulate certain kind of cultivation.Clean unsanitary private tank or well which is used for drinking.Regulate bathing of animals, or cloth, or fishing in public watercourses, tanks etc.Remove the filth or nuisance or wild vegetation.Regulate the establishment and operation of burial grounds.Provide opinion on establishing industrial estate or industrial development area whenGovernment or its agency consult the municipalityObtain report from the District Medical Officer before granting /refusing license toindustries likely to cause pollution.2.3.2.3. Kerala Panchayat Raj (Issue of License to Dangerous & Offensive Trades &Factories) Rules, 1996The Kerala Panchayat Raj (Issue of License to Dangerous and Offensive Trades and Factories)Rules notified as S.R.O.No. 76/ 96 on 1996 as per sections 232, 233 and 234 of the KeralaPanchayat Act 1994 imposes certain restrictions for establishment and operation of certaintypes of industries and trades which are offensive or dangerous or nuisance to public health.The prominent aspects of the rules are:159 industries/trades are listed as offensive or dangerous trades/factoriesThe industries/trades in its Schedule require license of the LSGsLSGs to refer application for license in certain cases to the Factories & Boiler Dept.LSGs to refer the application for license to certain industries/trades to the Divisional FireOfficer for ensuring precautionary measures against outbreak of any fireLSGs to refer the application for license to certain industries/trades to the Healthdepartment for its clearance, in order to examine the likelihood of any problems of liquid,solid or gaseous pollution and to avoid the sameEmpower the LSGs to issue necessary direction for the abatement of nuisance caused bythe operation of dangerous and offensive trades and factories. The power includesdirection for abatement of vibration, for prohibition of use of a particular fuel, forrestriction of operation of noise producing machinery or factory between 9.30 p.m. and5.30.a.m.Licensee shall comply with the instructions for disposing the wastes generated safely andfor treating and disposing the liquid wastes without causing nuisance to the neighbors.Ensure that the work place is clean at the end of every working day.Ensure that the rubbish or animal remains or other substances generated are collected anddisposed of to the satisfaction of the Secretary.The system of issuing license has not been backed up with technical know-how or awareness onimplications of the project implementation. The referral system to obtain the opinion ofvarious specialized department is often not working smoothly, as there is significant delay and

Environmental Assessment ReportKerala Local Government Strengthening Projectlack of coordination. The LSGs lack expertise even to integrate the opinions of differentdepartments and arrive at a comprehensive understanding on the implications of the decisions,if implemented. The rule necessitates obtaining opinion on possible pollution from theDepartment of Health, but they lack information and knowledge on these aspects. ThePollution Control Board, who has expertise at the district level to make opinion on pollutionlevel, has not been incorporated into the referral system, thus foreclosing the possibility forpredicting the pollution potential. Therefore, either a single window approach at the districtlevel under the District Panchayat or an Expert Committee at the district level to seek adviceand suggestions for the LSGs to arrive at a decision is necessary.2.3.2.4. The Kerala Municipality Building Rules, 1999The Kerala Municipality Building Rules 1999 lay down certain restrictions on construction ofbuildings for the protection and conservation of environment. The salient features of the rulesare:Necessity of permit system for development and construction of building.Requirement for the removal of all rubbish, refuse and debris from any plot or plotsimmediately on completion of the development or construction.Prohibition of the development or construction at places of deposits of solid wastes,excreta, or other offensive matters.Restriction on land development and construction in any area notified by Government ofIndia as Costal Regulation Zone under the Environment (Protection) Act 1986Prohibition of development or construction in a plot liable to be flooded or located on aslope forming an angle more than 45 degree.Keeping sufficient land unpaved or sufficient opening/ditches in the land to allowpercolation of rainwater in the plot itself. Providing 10% of the total area for recreational space and a minimum of not less than 2acre of open space as a single piece, while developing a plot more than 50 acresProviding sanitation facilities for various types of buildings as specified in the ruleRequiring prior approval of the State PCB for discharge of industrial effluents and sewageRequiring clearance from the State PCB for occupying hazardous materialsCurb on allowing leach pit, soak pit, earth closet or septic tank within a distance of 7.5 mradius from existing well or 1.2 m from the plot boundary.Requiring making roof top rainwater harvesting arrangement as an integral part of all newbuilding or extension.2.3.2.5.The Kerala Protection of River Banks & Regulation of Removal of Sand Act,2001The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 wasintroduced to protect the river banks and river beds from large scale dredging of river sandand to protect their biophysical environment system and to regulate the removal of river sand.This is consequent to the large scale sliding of river banks, lowering of river beds and loss ofproperty and biophysical productivity. The salient features of the Act are:68

Chapter 2Policy, Legislation and RegulationConstitution and composition of District Expert Committee (DEC) with District Collector asChairman, Executive Engineer of Irrigation Dept as Convener and elected representatives ofLSGs, officials of line depts. and environmentalists as membersConstitution and composition of Kadavu Committee with the President/ Chairman/ Mayorof the concerned LSG as the Chairman/Chairperson, Secretary of the concerned LSG asConvener, concerned elected members of the LSG representing the area, officials of linedepartments and environmentalists as membersPrescribes the powers and functions of the District Expert Committee which includes:o Identifying a Kadavu or river in which sand removal may be permittedo Fixing the quantity of sand that can be removed from a Kadavu or river bank basedon the guidelines of expert agencies like CESS and CWRDMo Controlling the transportation of sand from kadavu or river banko Closing a Kadavu or river bank for sand removalo Ensuring protection of river banks and preventing encroachmento Ensuring the performance of Kadavu Committeeo Advising the government on measures to protect the biophysical environment ofriverso Recommending ban on sand removal from any Kadavu during any seasono Carrying out directions of the governmentConvening the meeting of the DEC at least once in three monthsStipulating the quorum for DEC meeting as one-third of the total strength of the DECPrescribes the powers and functions of the Kadavu Committee which includes:o Supervising and monitoring all activities of sand removalo Recommending to the DEC on the following matters namely:o Suitability of the Kadavu or river bank for sand removalo Quantity of sand that may be removed from a particular Kadavuo Additional measures to be taken for the protection of Kadavuo Necessity to ban sand removal during any seasono Recommend to the LSGs for publication of list of country boats used and laborersengaged in sand removalo Carry out the instruction issued by the government and the DECThe general conditions of the Act include:Obtaining passes from the Geology dept based on stipulated conditionsRestricting sand removal operation between 6 am and 3 pm.Arranging sand removal operations by the LSGsProhibiting sand removal operation within 10 m of the river bank and up to 500m from anybridge or irrigation projectProhibiting the parking of lorries within 25m of the river bankRestricting sand removal within the quantity fixed by DECPreventing the use of certain pole scooping and mechanized method for sand removalAvoiding sand removal from areas where saline water intrusion possibility existsPreparing a River Bank Development Plan by the DEC and obtaining government approvalfor the same

Environmental Assessment ReportKerala Local Government Strengthening ProjectMaintaining a River Management Fund by the District Collector with contributions from theLSGs to the tune of 50% of the amount collected from the sale of sandEntrusting Mining & Geology Dept for issuing passes and conditions thereupon.Penalty for contravention to the tune of imprisonment for a period extending up to 2 yearsor fine extending up to Rs.25,000/- or both with additional fine extending to Rs.1,000/- forevery day during which the contravention continuesPenalty for abetment of offences and confiscation of vehicles for transporting sand withoutcomplianceStipulating powers of the government to make rules, conduct inspection, periodicalmeasurement of the sand available for removal2.3.2.6. The Kerala Groundwater (Control & Regulation) Act 2002The Kerala Groundwater (Control & Regulation) Act 2002 came into existence on 16-03-2004vide G.P.(P)No. 17/2004/WRD to provide for the conservation of groundwater and for theregulation and control of its extraction and use in the State of Kerala. It is also for regulatingthe tendency of indiscriminate extraction of groundwater which result in undesiredenvironmental problems in such areas.The Act provides for notifying areas for the control and regulation of groundwaterdevelopment. Accordingly out of 152 blocks in the State, 5 blocks have been categorized asoverexploited. They are Athiyannur, Kodungalloor, Chittoor, Kozhikode and Kasargod. Thecategorization is based on the norms prepared by the Central Groundwater Board (CGWB)according to the state of development. State of development is the percentage of total draftfor all uses in MCM divided by the net groundwater availability in MCM. Fifteen blocks aredeclared as 'critical' and thirty blocks comes under 'semi critical' category. This indicates thegrave necessity to control and conserve available groundwater resources.The Act provides the Government may if satisfied on the recommendation of the authority,that it is necessary in the public interest to regulate the extraction or use of groundwater ofany area, declare by notification in the Gazette such area as notified area, with effect fromsuch date as may be specified therein.Any person desiring to dig a well or convert the existing well into a pumping well, for his ownor social purpose in the notified area, shall submit an application before the authority for thegrant of a permit for the purpose and shall not proceed with any activity connected with suchdigging or conversion unless a permit has been granted by the authority. The Act also providesfor the registration of the existing wells in the notified area in the State. The Act also providesfor the registration of user of groundwater For this purpose all open wells fitted with 1. 5 HPor more and all bore wells with 3 HP or more are to be registered under the authority.The powers of the Groundwater Authority are as follows:(i) the authority shall have the power to enter any property and to measure the quantityof water located on the surface of earth or under the earth.(ii) To inspect any well which is dug or being dug and the soil and other materialsexcavated there from.70

Chapter 2Policy, Legislation and Regulation(iii)(iv)(v)(vi)(vii)(viii)To take samples of such soil or other materials or water extracted from such wells.To require by order in writing the persons digging a well to keep and preserve in suchmanner as may be prescribed the samples of soil or materials extracted from there.To examine and take copies of the relevant recordsTo require the user of groundwater to install water measuring instrument in any watersupply machinery.To seize the equipments and instruments used for unauthorized digging and to destroypartially or completely the work done.To require any user of groundwater who does not comply with the provisions of this actand the rules made thereunder to stop any water supply or to destroy any hydraulicwork which is found unauthorized.All the above provisions can be effectively carried out with the participation of Local Bodies,since they are the grass root level implementation agencies of most of the small and mediumprojects. There is also requirement of permission from Local Governments even for small scaleprojects and hence, they have an important role to play in the Kerala Groundwater Act.The Kerala Groundwater (Regulation & Control) Act gives the authority full powers in all waterrelated matters. The provisions contained in the constitution seventy-third and seventy-fourthamendments bills 1992, gives the Local Bodies to take appropriate action in matters related todrinking water, water supply for domestic, industrial and commercial purposes, minorirrigation, water management and water shed development.The Kerala Groundwater Act is silent on the role local government in implementing the variousprovisions of the Act. Now all powers are vested with the Groundwater Authority. This isagainst the spirit of decentralization. Hence, the Kerala Groundwater (Control & Regulation)Act may be modified to an extent that the Local Governments also have the powers in mattersrelated to drinking water, water supply for domestic, industrial and commercial purposes,minor irrigation, water management and water shed developments.2.3.2.7. Kerala Irrigation & Water Conservation Act 2003Local self Governments and water resources department of the State now control themanagement of water resources in Kerala. Panchayati raj Act and Kerala Irrigation & WaterConservation Act 2003 are the legislations empowering these institutions. Governmentintervention in the water resources sector can be broadly classified into two sectors:1. Controlled distribution of water for agriculture2. Water resources preservation & developmentWater resources department has storage and distribution of water for agriculture as one of itsmain functions. The department also undertakes works related to the preservation of waterbodies and river training works. Inland navigation and coastal protection are other areas beingattended to by the Water Resources Department. As irrigation plays an important role in thegrowth of agricultural income of the State, planned development of irrigation that started inthe early fifties focused mainly on large irrigation projects. Of late, 14 to 17 percentage of theinvestment under irrigation is being utilized for Minor Irrigation Schemes. As per the

Environmental Assessment ReportKerala Local Government Strengthening ProjectPanchayati raj Act, most of these Minor Irrigation schemes are under local self Government.Kerala Irrigation and Water Conservation Act acknowledges the powers vested with the localGovernments as per Panchayat raj Act, 1994. However, local self Governments seem reluctantto plan major investments for revival of agriculture, resulting in paddy fields getting filled upor put to other uses. Technical expertise at the disposal of local Governments is also limited toplan large schemes for irrigation.Present day challenges in the water sector include prioritization of water usage, riparianrights, prevention of pollution, preservation and development of resources. So far, we wereconsidering rivers and water bodies as easily exploitable resources. Kerala Irrigation and WaterConservation Act has strong provisions against encroachment of water bodies, unauthorizeddrawal of water from water sources and pollution of water bodies. However, as per thePanchayat raj Act local Governments have control over these natural water sources.Integration of the activities of these institutions is essential to bring about desired changes inthe water sector of the State.Management of water resources should start at the micro watershed level. Managing a river isessentially management of the basin. Most of the river basins are destabilized and degraded.Restoration of the basins should be our priority rather than further exploitation. Attitudes andprocedures need thorough revision. Kerala Irrigation and Water Conservation Act envisageformation of basin organizations. How these organizations can be set up integrating thefunctions of Water Resources Department and Local Governments should be thought of. Amodel would be to have 44 River Organizations, 4 Basin Organizations and one apex body atState level. Representatives of all the Panchayats through which a river flows shall bemembers of the river organization. All the water bodies in the basin can come under the riverorganizations. Agriculture, fisheries, Animal husbandry, pollution control and industries can bepart of the river organizations. Availability of water, permission for usage of water to newapplicants, riparian rights etc shall be discussed and decisions taken at river organizations.Fresh water bodies, ponds, lakes etc shall come under the respective basins. Expertise inwater management available with Water Resources Department shall be thus integrated tomake it available for the local bodies. Problems associated with the life of rivers such asmaintaining minimum flow, prevention of unauthorized sand mining and such other issues canbe better addressed with the formation of the river organizations where the stake holders arewell represented through the Local governments.The National Hydrology Project has generated a huge database on water resources of Kerala.This can be effectively used to manage the water resources for each Panchayat in the State.Kerala is already into Participatory Irrigation Management (PIM) associated with majorirrigation projects. This can also be integrated at Panchayat level through the RiverOrganisations.2.3.2.8. The Kerala Bio-diversity Rules, 2008This has been formed consequent to the Biological Diversity Act, 2002 (Central Act 18 of 2003)which provide constitution of National Biodiversity Authority and establishment of stateBiodiversity Boards. The salient features of the rule are given below:72

Chapter 2Policy, Legislation and RegulationDefine and detail the functions of the State Biodiversity Board including documentation,studies, research, programming and state biodiversity fundDefine the procedures for utilization of biological resources and their equitable sharing,establishment of heritage sites, and management committees at various levelsProvision for Biodiversity Management Committee at the Grama Sabha, Grama panchayat,Janpad Panchayat, Zilla Panchayat as well as Municipality and Corporation levels.Provide detailed procedure for operationalization of the Biodiversity Managementcommittees as well as Biodiversity Register database and utilization of Local BiodiversityFund2.3.2.9. The Kerala Conservation of Paddy Land and Wetland Act, 2008The Kerala Conservation of Paddy Land and Wetland Act, 2008 is intended to conserve thepaddy land and wetlands and restrict their conversion or reclamation, with an aim to promotegrowth in the agriculture sector and sustain the ecological balance. The salient aspect of theAct is that it adequately empowers the Gram panchayat/Municipality/Corporation to protectthe alarmingly reclaimed/converted paddy land and wetlands.The Act envisages functioning of a Local Level Monitoring Committee in each grampanchayat/municipality/corporation with President or Chairperson/Mayor of Gram Panchayator the Municipality/Corporation, Agriculture Officer of the Krishibhavan in the GramPanchayat/Municipality/Corporation, Village Officers having jurisdiction in the area, and threerepresentatives of farmers nominated. The Chairperson of the Committee is thePresident/Chairperson/Mayor of Gram Panchayat/Municipality/ Corporation and the Conveneris the Agriculture Officer. The Committee examines the reason for keeping the paddy landfallow and to suggest remedial measures for cultivation in the land. They prepare a data bankwith details of the paddy land and wetland, for formulating detailed guidelines for protectionof paddy lands/wetlands, and collecting the details of paddy land reclaimed in contraventionof the provision of the Act. They also recommends to the State Level Committee or DistrictLevel Authorized Committee for the reclamation of paddy land for public purpose or forconstruction of residential building for the owner of the paddy land.The District Level Authorized Committee, with Revenue Divisional Officer, Principal AgricultureOfficer and three nominated paddy cultivators, is constituted for considering the applicationsfor reclamation of paddy land for the construction of residential building to the owner, and theState Level Committee, with Agriculture Production Commissioner, Commissioner of LandRevenue, and a Scientist in the field of paddy cultivation, is constituted for considering theapplications for filling up or reclamation of paddy land for public purpose. As per the Act, theLocal Level Monitoring Committee is responsible for ensuring that the conversion/reclamationshall not adversely affect the ecological condition or the cultivation in the adjoining paddyland, and that the application is genuine. The Act has clearly points out that no exemptionshall be granted by the Government for conversion or reclamation of paddy land for publicpurpose unless the Local Level Monitoring Committee has recommended the conversion orreclamation.

Environmental Assessment ReportKerala Local Government Strengthening ProjectIn addition to safeguarding the valuable paddy land and wetlands, the Local Level MonitoringCommittee is authorized by the Act to direct the holder of any paddy land which isuncultivated and left fallow to cultivate it by himself or through any other person of hischoice, with paddy or any other intermediary crops. If the holder of the paddy land grantspermission to cultivate the said paddy land, the Local Level Monitoring Committee mayexecute an agreement between the panchayat and the holder of paddy land entrusting thepaddy land to the Panchayat either to cultivate or to get it cultivated for a fixed period. It isthe duty of the Gram Panchayat/Municipality/ Corporation to entrust the right to cultivate byauction or otherwise to padasekhara samitis, Self Help Groups, Kudumbasree Units, or others.However, the Act does not permit the Local Authority to grant any license or permit forcarrying out any activity or construction in a paddy land or a wetland converted or reclaimedin contravention to the Act.2.3.2.10. Draft Public Health Act for Kerala 2009The act envisages a State/District Health Board as a supervisory authority for monitoring theimplementation of the Public Health Act at the State/District level respectively. It alsoenvisages constitution of State Public Health Committee and District Public Health Committee,chaired by the District Panchayat President and District Collector, with advisory functions.Every Grama Panchayat and City Corporation shall have a Health Officer. According to the act,the local authority shall manage health institutions transferred to it by the Government. TheGovernment may issue direction to the local authority on maters relating to health policy,planning for health facilities, standards to be maintained, mode of administration and it shallbe the duty of the local authority to carry them out.The Act makes the provision of drinking water and water for other domestic and no domesticpurposes as the obligation of local government. It also enables the local authority to levy anytax which may be necessary for providing water supply in such area. The responsibilities oflocal authority includes providing and maintaining sufficient and satisfactory system of publicdrains for the effectual draining of its local area and prohibition on letting out sullage orsewage into drain or streets, discharge of Injurious refuse into public drains and pollution ofwater courses. The act necessitates every local authority to provide and maintain sufficientnumber of sanitary conveniences for the use of the public in proper and convenient places. Itmakes mandatory for every local authority to carry out such measures pertaining to Nationaland State Health Programmes and maternity and child welfare as may be prescribed.The local authorities are also made responsible to take steps to eliminate places where insectsare breeding or likely to breed and to control or destroy insects, to prevent spread ofcontagious diseases. As per provision, no person shall establish or maintain a market or otherfood handling institutions or halt without a license from the local authority. There are alsoprovision for regulating fair or festival.2..3..3.. Prrogrrammess2.3.3.1. Food Security MissionDuring Eleventh Plan a major thrust was provided for the revival of the agrarian economy ofthe State through augmenting production of food crops as well as milk and egg production in74

Chapter 2Policy, Legislation and Regulationthe state. A major project was launched during 2008-09 for the implementation through aconvergence approach. In order to further support the project by exploiting the regionalpotential during 2009-10 it is proposed to support location specific sub projects. A detailedproject report has to be prepared for approval of the State Planning Board. The ongoingschemes on Rice Development, support from macromangement, national food security mission,vegetable development, interest subsidy and other food security related projects including liftirrigation would be linked with the project. A separate provision for the rehabilitation of liftirrigation schemes for irrigating paddy has been provided under irrigation. The additionalsupport is provided to fill the critical gaps. The project has to be integrated with food securityprojects under Animal husbandry, Dairy development and Fisheries. Appropriate mechanismswould be introduced to link with the schemes of local governments in food security.2.3.3.2. Malinya Mukta Kerala Action PlanThe “Malinya Mukta Keralam” (Waste-free Kerala) Campaign was launched on Gandhi Jayanthiday in 2006. The important activities taken up under the Campaign include: -Intensive cleaning of public institutions like schools, hospitals and anganwadis, publicplaces like colonies, markets etc, removal of stagnant water, awareness building amongSelf-Help Groups, students and elected local government representatives etc.Extensive surveys on waste generation from different sources in all the 999 Panchayats.Compilation of village sanitation vision document in meetings of key stakeholders, about150 to 250 persons, for preparation of an Approach Papers on Sanitation.Special Grama Sabhas to discuss the Approach Paper on sanitation and adopt them It isestimated that 1.6 million people took part in these special Grama Sabhas on sanitation.Formation of Technical Support Groups (TSGs) in all the fourteen districts to guide theLocal Governments to move on from the Approach Paper to an Action Pl an. Altogether 420experts are functioning, with each district having a team of 20 to 35 members.Health Promotion Teams (HPTs) in each of the Village Panchayats drawing one male andone female volunteer from each ward, capable of working as barefoot sanitation experts.Popular committees are being set up in every ward of the Village Panchayats and also atthe level of the Village Panchayat.Elaborate capacity building effort.Ban on plastic carry bags up to 50 microns in thickness which was made effective forarticles with thickness up to 30 microns, based on a High Court direction.Elaborate consultations with all stakeholders and Local Government leaders to make theban effective.Priority to solid waste management and sewerage in mega projects under the ADB assistedKerala Sustainable Urban Development Project and the Government of India assistedJNNURM and UIDSSMT.Projects under Total Sanitation Campaign (TSG) have been restructured to include a solidwaste management component.Malinya Mukta Keralam Campaign has succeeded in creating the right environment for a Missionmode Action Plan to achieve the goal of Clean Kerala, which was launched on 1st November2007. The activities outlined in this Action Plan as part of Suchitwa Mission include

Environmental Assessment ReportKerala Local Government Strengthening Projectimplementation of programmes for solid waste management, liguid waste management,provision of Sanitation facilities in pubic places and social amenities and awareness campaigns.The objective of the action plan are:o Sanitary toilets in all houses, schools, anganwadieso Setting up and upgradation of solid waste management facilityo Remediation for solid waste processing & disposal facilityo Incorporating waste management measures for slaughter houseso Mitigation of special waste management issueso Establishment of Regional Engineered Land Fillo Liquid waste management systems for institutionso Liquid waste management systems for colonieso Public sanitation facilitieso Incentives for local governments and institutions for improved performance in santiationo Awareness campaigns2.2.3.3. Animal HusbandaryCommercial Dairy and Milkshed Development Programme: The Eleventh Plan target of milkproduction is set at 35 lakh tonnes, compared to the achievement of 2005-06, a 70 per centincrease in milk production is targeted in Eleventh Plan. A transition from subsistence dairyfarming to viable commercial diary farming, with technology support is imperative forenhancing production and productivity. Support of technological and marketing interventionswill be given focus in Eleventh Plan. The scheme was one of the components of the State FoodSecurity Project launched during 2007-08, the first year of the Eleventh Plan. This outlay for2009-10 will be utilized for extending the promotion of commercial dairy units to moreselected milk shed and other potential areas. A portion of the outlay is set apart for providingmilking machines to dairy farmers.2.3.3.4. Plantation DevelopmentImproving productivity of plantations: The objective of the scheme is to enhance theproductivity of existing plantations, to promote forest activities and practices by combiningwith agriculture, so that the pressure on forest eco-system due to the increased social needs isgradually reduced. About 2.20 lakh ha of forests are under plantations of various species, themain species being teak cover an extent of approximately 75000 ha. It is proposed to cultivateindigenous pulpwood species with multiple uses utilising certified seeds, clonal technology,root trainer technology and following appropriate silviculture techniques to ensure optimumproductivity.Hardwood Plantation: This component is for raising and maintaining long durationhardwood species like rose wood, kambakam, vellakil and other hardwood plantations. It isproposed to raise 100 ha new plantations and maintenance of 900 ha plantations. Theexpenditure on re-plantation of teak would be met from the teak revolving fund. Theoutlay will be used for the replantation and maintenance of other hardwood species.Industrial raw material Plantation: The harvested areas of eucalyptus, acacia, manjium andother forest growing species which supply industrial raw materials will be replanted andmaintained under the programme. The provision is for raising and maintenance of 1200 haof pulpwood plantations and for raising other industrial raw material species. The outlay76

Chapter 2Policy, Legislation and Regulationwill also be utilised for the maintenance of the five central nurseries, and production ofseedlings.2.3.3.5. Housing SchemesReconstruction of One Lakh Housing Scheme (MN LAKSHAM VEEDU PUNARNIRMANAPADHATHI): One lakh housing scheme was launched in 1972. The present condition of mostof the houses so constructed is very pathetic mainly because of three decades of ageingwithout routine repairs and maintenance. The estimated cost of renovation of one houseamounts to Rs1 lakh. The pattern of financing of one house is: Government subsidy Rs 50 000/-(for ST category), Rs 37500/- (for SC category), Rs 25000/- (for General category). The balanceamount shall be met by the Local Bodies/voluntary organizations/ philanthropic individuals.Suraksha Housing Scheme: Under this scheme, assistance will be given to houseless personsowning at least 2 cents of land to construct a house by themselves. The voluntaryorganizations/NGOs shall give assistance to the beneficiary to build the structure up to rooflevel and the government subsidy shall be disbursed on completion of the roof. The financialpattern of the scheme is as follows: Share of beneficiary Rs 25000/-; Share of voluntaryorganization Rs 50000/-; Government subsidy Rs 25000/-2.3.3.6. Wetland Eco-restoration ProgrammesWetland conservation has been a programme in the list of central plan schemes since morethan two decades now. With increasing environmental awareness and realization about therole of wetlands in regulation of ground water regimes, flood regulation and environmentalamelioration due to inherent vibrant biotic activities apart from livelihood issues, their statusas the important environmental natural resources in the scheme of development planning isneeded to be recognised. It is now time that wetlands are considered among the importantinfrastructures for development as rivers, forests, roads, education and health institutions.For a better understanding of the issues critical for any sustainable use strategy for wetlands,a few basic facts need to be appreciated. The following paragraph from the preamble of theNational Environment Policy 2006 (NEP) depicts the spirit of conservation of environmentalresources.“The dominant theme of this policy is that while conservation of environmental resources isnecessary to secure livelihoods and well - being of all, the most secure basis for conservation isto ensure that people dependent on particular resources obtain better livelihoods from thefact of conservation, than from degradation of the resources.”The statement indicates that conservation efforts are to be a part and parcel of its sustainableuse practice, necessitating reciprocal commitment of the users for conservation. The policyalso recognises that wetlands are natural alternatives for waste management due to theirinherent capacity of self assimilation and cleaning with the help of biological activities within.However, it can be done only to the extent till the pollution load is within their assimilativecapacity.

Environmental Assessment ReportKerala Local Government Strengthening ProjectThe conservation efforts therefore have to take into account sustainable use which implies,understanding the capacity and restricting the pressures within that. The role of the localgovernments in wetland management basically rests on this premise. The ongoing programmeson wetland include:Centrally sponsored schemes on management of wetlands based on the management actionplans submitted to MoEF by KSCSTE (Sasthankota, Astamudi, Kottuli)State plan programme on ecorestoration of Sasthamkotta wetland- Sanitation programmein the catchments through Suchitwa MissionA management action plan for Vellayani wetlands through the KSCSTEMoEF is considering bringing in a statute for regulating the management of wetlands in thecountry under the Environment (Protection) Act 1986, which will envisage categorization ofwetlands based on a few criteria, mostly related to location and conservation values; acentralized mechanism for management planning for their conservation and regulation ofactivities according to ecological importance. The authorized agencies will be created atnational, state and district levels. However, for implementation of the management actionplans and integration of these into general development planning, the role of LSGs will becritical.Water management and land management are the constitutional mandates of the local selfgovernments. Kerala Panchayat Raj Act 1994 specifically provides for environment,sewerage/sanitation and the local water resource management functions with the local selfgovernments. The eleventh schedule under article 243 G of the Constitution provides forentrusting the mandate of maintenance of community assets with these institutions.Customary village common lands and properties also are vested for management andadministration with the Panchayats.Wetlands are the local water resources, intricately connected with not only the life processes,but also several potentially important enterprise functions at the local level. These mayinclude coconut fibre processing, fishing aquaculture and other water based cottage industries,tourism and related activities and overall hydrological regimes which influence the primaryproduction such as the agricultural regimes. Conservation of wetlands enhances the groundwater recharge measures that facilitate supply of potable water for the nearby populations ifmanaged sustainably. In such circumstances, the most critical role of local governments wouldinclude creating an enabling environment for any effort which contributes to the sustainabilityof these resources, and regulating any activity which impinges on the wetland environment.Thus the local governance and development planning in the area of influence for the wetlandenvironment should take into account need of sustaining efforts to keep these ecosystems inbest of natural state.All the global conservation conventions and national policies favour local participation inassessment, planning and management of common property resources. LSGs will have acritical role in according due recognition to the community level organizations by integratingtheir activities in the grass root level plans and providing funds accordingly. The programmes78

Chapter 2Policy, Legislation and Regulationand regulations have been known to fail because of the lack of implementation mechanisms.LSGs have a specific role on decision making and organizing implementation mechanisms withmutual linkage between government and civil society.Specific subjects/tasks that can be taken up by LSGsRecognize “wetland” as one of the non-negotiable land uses and “Common propertyresource” and resolve not to put these into any non wetland use by reclamation ordiversion. It is constitutionally possible by listing it under the item “common assets”.Among the standing Committees of LSGs, allocate the subject of wetland conservationspecifically to a relevant committee as part of the community assets of environmental,sanitation, or water resources significance. The objective should be to ensure sustainedstatus of the wetlands on the parameters of water spread area, pollution critieria, growthof aquatic weeds, regulation of fishing, use of commercial activities and most importantly,regulating use as well as participation of the polluter agencies in mitigating pollution.Evaluation of wetlands for their potential of contributing to the economic well being of thepeople in the vicinity. Non invasive economic activities can be tourism within the carryingcapacity, fishing and aquaculture, use of weeds for fiber based cottage industries, coirretting after assigning areas with suitable measures to mitigate the bad impact etc. Thishowever, would require scientific back up for which competent agencies are available inKerala.Among the sectors devolved to LSGs, allocate specifically the management of wetlands to afunctionally competent line department. Among the existing ones include social forestry,minor irrigation (with qualification to the civil engineering), sanitation (environmental wingmay be created) or welfare.Demarcation of wetland boundaries on scientific basis to work on the areas which must bepreserved apart for ensuring the wetland environment intact. Any reclamation or diversionof such areas for any permanent development should not be planned.Provide for plan outlays for wetland eco-restoration. For this purpose, the managementaction plans can be coordinated by Department of Environment in consultation with theKSCSTE/civil society. Feasibility of a state plan sponsored LSG level scheme may also beconsidered to ensure fruitful partnership between the state government and LSGs forecorestoration of wetlands.Wetlands have been considered equally important for biodiversity and conservation valuesas unique habitats for birds especially migratory species. Much of the scientific work onthis aspect has actually been responsible for the famous Ramsar Convention and centrallysponsored scheme on wetlands conservation initially. Considering these facts, it is veryessential that any management planning takes into account the conservation value of theseecosystems while providing for their sustainable use. To ensure this, a strong interface ofempowered institutions (LSGs) will be required with the scientific institutions and civilsociety organizations. Kerala specially has rich repositories of information and knowledgeon wetland resource conservation and economic valuations. This can be organised throughthe department of environment.Conservation/management action plans by individual LSGIs are usually not feasible becausewetlands are often spread within the political area of several LSGIs and may have thewatershed extended over others. Therefore, a comprehensive plan with basin approach is

Environmental Assessment ReportKerala Local Government Strengthening Projectrequired for sustainability. This can be achieved through the coordinated effort/actionplan of LSGIs coming under the watershed and/or command area of a wetland. For this,appropriate state level agency will be needed for holistic planning and coordinating withthe participating LSGIs based on actual requirements and also by assisting LSGIs to findsuitable implementation agencies/supporting organizations.2.3.3.7.Rural Water Supply SchemesRural Water Supply Schemes- Improvements to the Existing Schemes : Most of the ruralwater supply schemes commissioned years ago need replacement of pipelines, pumps andmotors, electrical installations etc. To improve the quality of water supplied, replacement offilter media of intake/treatment plants are required. Similarly many of the civil structuressuch as components of treatment plants and OH reservoirs need repair and rehabilitation. Dueto the staleness of the pipes and lack of preventive maintenance, distribution loss of about 40percent of water produced is estimated. Hence more thrust would be given to rehabilitation ofall old rural water supply schemes to reduce distribution loss to the minimum and to improveperformance.Matching Assistance for LIC Assisted Rural Water Supply Schemes: Out of the 57 LIC aidedRWSS, four schemes were completed, 14 schemes were taken up under other Central / Stateassisted programmes, three schemes were dropped and 33 schemes were posed under theSPAN – RIDF XIV of NABARD. Remaining ongoing RWSS under this category is only three. Ofthese schemes, two schemes could not be taken up due to various reasons and the otherscheme, viz. RWSS to Perinad & Panayam is functioning well. Two more schemes, WSS toAyippuzha Kalampara area and WSS to Parakkamala have been sanctioned under the same headduring 2008-09.Total Sanitation Campaign (25% State Share): The allocation based Restructured CentralRural Sanitation Programme was replaced fully by the Total Sanitation Campaign (TSC) from2002-03 onwards. TSC Project has been sanctioned in 14 districts of Kerala and these projectsare at various stages of implementation. The implementation of TSC is on project mode andthe main components are individual household latrines, institutional (school) latrines,anganwadi toilets, community complexes for women, Rural Sanitary Marts (RSM), solid andliquid waste management etc. Kerala is top among the states with respect to the achievementsof TSC targets. As part of this succesfull campaign, almost 97% of the panchayat areas haveachieved open defecation free status.Completion of World Bank aided Kerala Rural Water Supply Project – Jalanidhi : Eventhough the external assistance was terminated with effect from 30.09.2008, all the targetedworks were not yet completed. Two comprehensive Water Supply schemes and the Chavara –Panmana Tsunami Water Supply Projects are the works to be carried out during 2009- 10. Sincethe external assistance was terminated, an amount of Rs.100.00 lakh is proposed from theState sector allocation of Annual Plan 2009-10 for completing the Jalanidhi Project.Water Supply Schemes to Rural Schools (50% State Share): As per guidelines issued fromGovernment of India, drinking water has to be provided to all rural schools. Expenditure for80

Chapter 2Policy, Legislation and Regulationthis purpose is to be shared between Central and the State Governments in the ratio 50:50.KWA had taken up various schemes for providing protected water supply toschools/Anganwadis in rural areas. Since 2000, KWA had provided water supply facilities to1647 schools / Anganwadies. Works of 599 schemes are in progress.NABARD Assisted Rural Water Supply Schemes : Eight rural water supply schemes are takenup for implementation with NABARD assistance under RIDF IX.Completion of Rural Water Supply Schemes other than ARWSP Schemes: There are 10ongoing rural water supply schemes which are in various stages of execution.Accelerated Rural Water Supply Project (ARWSP) (50% State Share) : Government of Indiahas changed the funding pattern of the 100% Centrally Sponsored ARWSP such that the totalproject cost of the ongoing/ new schemes under ARWSP approved by the State Level SteeringCommittee (SLSC) is to be shared in the ratio 50:50 between the centre and the stateGovernment. There are 92 ongoing ARWSP schemes, of which, 25 schemes are targeted forcommissioning during 2008-09. The remaining schemes are targeted for 2009-10. Besides, 12RWSS under LIC category are approved in the SLSC and now implementing under ARWSP.Add on Project of Jalanidhi - World Bank aided Scheme : Government of Kerala hassanctioned the implementation of the Jalanidhi Add-on Project in 400 Grama Panchayathcovering six lakh households in a time span of six years with a total estimated project cost ofRs.1200.00 crore. Planning phase activities in 185 Panchayats for 3650 schemes are targetedfor implementation during 2009-10.Improvements of RWSS to Cheriyanadu in Alappuzha Panchayath: RWSS to Cheriyanadu is asingle Panchayat Water Supply Scheme maintained by KWA and identified as one among the1050 scheme for transfer to local body, but not taken up by the local body till date. To addressthe acute water scarcity and water quality problem in the area, it is proposed to construct afull-fledged Treatment Plant and to adopt efficient disinfection method instead of chlorinationby adding bleaching powder.Scaling up of Rain Water Harvesting and Ground Water Recharge Programme : The mainobjective of the programme is to sustain the Rain Water Harvesting activities in the Stateimplementing by Jalanidhi. The components included in the programme are construction ofRain Water Harvesting structures having capacities 10000 litres and 25000 litres, renovation ofexisting ponds, well recharge and training programmes on RWH/GWR etc.2.3.3.8. Social Forestry ProgrammesNational Forest Policy 1988 stipulates that 1/3rd of the total geographical shall be coveredwith trees. To achieve this objective, massive tree planting programmes outside the forestarea is essential. In order to encourage homestead and agro-forestry practices, it is proposedto undertake a massive tree planting programme outside the forest area with the involvementof people including school children. Urban forestry activities will be encouraged. Thesuccessfully launched programme during 2008-09 namely Endemaram, Nammude maram,

Environmental Assessment ReportKerala Local Government Strengthening ProjectVazhiyorathannal and Harithatheeram will be expanded and continued during 2009-10.Greening Kerala Programme including Awareness Programme, developing 14 District ForestExtension and Information Centres (DFEICs), strengthening of Forest Information Bureau (FIB)by providing necessary infrastructure facilities, participatory greening programme andbiodiversity conservation, environmental awareness campaigns, are envisaged in the scheme.It is proposed to undertake a massive tree planting programme outside the forests with the cooperationof the Local Self Governments named as „Gramma Vanam Programme’. An extent of1000 ha is proposed to plant and to distribute about one crore seedlings. The NREGS fundswould also be utilised wherever possible by the panchayat for raising the seedlings andundertaking the planting in the public areas of the panchayats. Forest Department will providethe technical support and undertake the extension work. A DPR for the scheme would beprepared by dovetailing funds from various sources. The scheme on Panchayat Vana Yojanawould also be integrated with this scheme. A portion of the outlay will be utilised fordeveloping monitoring mechanism and for establishing institutional mechanism forsustainability of the scheme in collaboration with PRIS. Planting bamboo in riversides with theinvolvement of local bodies will be initiated. Conservation and consolidation of the river andstream bank with the participation of local people are envisaged. The cost of raising nurseriesfor distribution of seedlings, replanting of road side areas, compact areas of public lands willalso be undertaken.2.3.3.9. State Poverty Eradication MissionThe State Poverty Eradication Mission implements the programme by creating communitybased structures of women below poverty line with focus on self help, demand-ledconvergence of available services and resources under the leadership of the localgovernments. Kudumbashree the State Poverty Eradication Mission (SPEM) was launched byGovernment of Kerala in 1998 with the active support of Government of India and NABARD forwiping out absolute poverty within a period of 10 years. The project is implemented throughLocal Self Governments empowered by the 73rd and 74th Constitutional amendments. Theslogan of the Mission is “Reaching out to families through Women and reaching out tocommunity through Families”. Kudumbashree is a holistic, participatory, women orientedinnovative overarching poverty reduction approach.The biggest promise for poverty reduction is the initiative to develop a network of self helpgroups of families below the poverty line (BPL), each represented by a woman. Essentially, it isbased on a community based identification of BPL families on non monetary indicators whichare transparent and which are reflective of social perceptions of poverty. Identified familiesare organised into Neighbourhood Groups (NHGs) of 20 - 25 members who are federated into anorganization called Area Development Society (ADS) at the Panchayat Ward/Grama Sabha leveland further networked into a registered NGO of poor women called the CommunityDevelopment Society (CDS) at the level of the Village Panchayat.The achievements of kudumbashree thus far are outlined below:o Kudumbashree Programme covers all the 999 Gram panchyats, 53 Municipalities and 5Corporations.o 180660 NHGs comprising of women from 37,77,783 Families have been formed82

Chapter 2Policy, Legislation and Regulationo Thrift of Rs 844.37 Cro Internal lending amounting to Rs.2139.07 Cro 82,760 NHGs linked with banks under linkage banking Scheme and assessed funds worth Rs.437.73 Cro 656348 Children have been grouped into 37005 Balasabhaso 28707 loans have been sanctioned under the Bhavanashree microhousing scheme amountingto Rs 159.71 Cro 44638 acres of land brought under cultivation with the involvement of 2,34,812 families in820 Grama panchayats through lease land farming.o 2552 Group and 972 Individual enterprises started under Rural Micro enterprises (RME)Programme; Grant worth Rs. 13.48 Cr given.o 845 Group and 240 individual innovative enterprises started under Yuvashree (50K)programme for youth in 18-35 age group, grants worth Rs. 2.07 Cro Asraya - Destitute identification, Rehabilitation and monitoring (DIRM) Programmelaunched in 604 Grama Panchayaths and 16 Municipalitieso Launched self sufficient, Self-reliant and sustainable CDS Programme (S3 CDS) for modelbuilding in 227 Grama panchayatso SJSRY - under USEP (Urban Self Employment Programme), 22,801 individual and 1,565group enterprises were setup benefiting 34,304 people.o 27,467 houses have been sanctioned under the VAMBAY(Valmiki Ambedkar Awas Yojana) topoor families in 54 ULBs across the stateo 155 Clean Kerala Business units for solid waste management have been setup.o 1406 Women from the Kudumbashree CBOs elected to the Local Self GovernmentInstitutions in the recent Electionso SAMAGRA-Kudumbashree has started the extensive programme “Samagra-” LocalProduction Marketing Network which aims at high income generation. Projects in 7 districtsare on the anvil.In terms of poverty reduction, decentralisation has certain definite advantages which areevident from practice. They are -1. Resources have flowed into every nook and corner with earmarking of funds for thedisadvantaged groups2. The outreach of developmental services has improved a lot.3. There is less of sectoralism in decentralised programmes. Greater convergence hascontributed to reducing the ratchet effect of poverty. Local Governments particularly VillagePanchayats, tend to view problems holistically.4. There is great realism in tackling problems of poverty. The problem of poverty is perceivedin its stark reality.5. The innumerable opportunities for participation which has been structured into Kerala'sdecentralisation process has helped the poor in gaining confidence and in moving from lowerlevels of participation into higher forms of direct social action like management of facilities,creation of demand for services and so on.6. The participation of people has definitely improved accountability. Decentralisation affordsopportunities to the poor to grow in strength by continuous participation, constant observation

Environmental Assessment ReportKerala Local Government Strengthening Projectof the exercise of power and accessing more information. As barriers are weaker in the localsituation, the poor can hope to break them with some effort.There have also been certain problems, which are enumerated below:1. The outliers like Scheduled Tribes are still to gain from decentralisation.2. The poorest among the poor need social safety nets particularly for food and healthemergencies. This cannot be provided by local governments.3. The management of services particularly health and education has not been more efficientthan before and these services have direct implications for poverty reduction.4. The flow of bank credit into local schemes for poverty reduction has been rather limitedresulting more from bankers' reluctance to deal with local governments than frominadequacies of project formulation. This has resulted in higher subsidies.5. In a State like Kerala where the number of educated poor is very high there is an inherentlimitation in local government action against it. Linkage with job markets through skillupgradation or identification of self employment opportunities or small scale productionactivities with assured markets are all functions which can be done better at higher levels.Thus the problem of vertical integration of anti poverty programmes is a crucial one. Antipovertyinitiatives at the local level seem to be characterized by incrementalism and there is aclear need for a long range vision to reduce poverty.2.3.3.10. Watershed Development ProgrammesAttappady Environmental Conservation and Wasteland Development Project : AttappadyHills Area Development Society (AHADS) is implementing this project. The JBIC assistedExternal Aided Project was extended up to 2010 based on the Rationalized FinalImplementation Plan (RFIP). This project aims at: Afforestation, Production of Seedlings,Production of fencing posts, Conservation of Forest land, Conservation of Check Dams,Construction of Contour bunds, Construction of drainage canals, Construction of Pits &Structures, and Employment Generation.Integrated Wasteland Development Programme (IWDP)/HARIYALI (State Share 8.33%): Theschemes aim at empowering the Panchayat Raj institutions, both financially andadministratively, in the implementation of watershed development programmes. Mainobjectives of this scheme are the following.Harvesting every drop of rainwater for drinking water supply, irrigation, pasturedevelopment, fisheries, plantations including horticulture and floriculture, etc.Employment generation, poverty alleviation, community empowerment and developmentof human and biological resources of the rural areas.Mitigating the adverse effects of extreme climatic conditions, such as, drought anddesertification on crops, human and livestock population, etc.Restoring ecological balance by harnessing, conserving and developing natural resources,i.e., land, water, vegetative cover especially plantations.Encouraging village community towards sustained community action for the operation andmaintenance of assets created and further development of the potential of the naturalresources in the watershed.84

Chapter 2Policy, Legislation and RegulationGrama Panchayats will implement the projects as per GO I Guidelines, under the overallsupervision and guidance of Project Implementation Agencies (PIAs). The Block Panchayat isthe PIA for all the projects.2.3.3.11. Fisheries Development ProgrammeModernisation of Craft and Popularisation of New Crafts - Conversion of OBMs to LPG: Theobjective of the scheme is to assist replacement of OBMs of already motorised crafts. Fiftypercent of the cost of the Out Board Motor subject to a maximum of Rs.10, 000 will beprovided as one time subsidy for the replacement of OBMs below 10 HP by the traditionalfishermen. It is proposed to provide subsidy for 150 OBMs during 2009-10. The scheme isimplemented through Matsyafed.Distribution of suitable complements of Fishing Gear(SS 50%): The objective of the schemeis to give assistance @ Rs.6000/- per craft fitted with OBM below 10 H.P for the purchase ofsuitable complements of fishing gear. The assistance will be given only once to a beneficiarywho owns a craft. The scheme is implemented through Matsyafed. The outlay is for meetingthe subsidy portion.Development of Deep Sea Fishing : The marine fish production of Kerala is more or lessstagnant in around 5.6 lakh tones. Almost all commercially important groups of the inshorewater are facing over exploitation. Any future increase in marine fish production is possible byintensifying the exploitation of oceanic species such as tunas, bill fishes, cephalopods, etc.The resource potential of oceanic tunas is estimated to be around 2.5 lakh tonnes; however,the present level of exploitation is less than 10% of the potential. The other commerciallyimportant untapped groups are the oceanic squids and cuttle fishes, high quality perches,white baits etc. The project aims at increasing fish production from untapped deep sea areasby diversification of excess number of mechanised fishing fleet operating in the traditionalfishing grounds. This will enable to reduce fishing pressure in the inshore areas and increasefish production from deep-sea particularly of commercially important oceanic tunas andcephalopods. It is proposed to restructure mechanised vessels for tuna fishing operations in theoffshore areas. Dory fishing in the traditional sector will also be encouraged under theprogramme. The outlay is provided for the programme for implementation on project mode.The components included are conversion of fishing vessels for deep sea fishing and training tofishermen for deep sea fishing.Matsyakeralam: „Matsya Keralam‟ is an integrated project for the development of inlandfisheries and aquaculture with the support of Local Self Governments. The project envisages tobring a total of 3750 ha freshwater pond area and 2250 ha padasekharams under the fold offreshwater aquaculture and 3700 ha under shrimp farming in brackish water over a period ofthree years. The total project cost is Rs.71.16 crores of which Rs.2.95 crore each is expectedfor 2009-10 and 2010-11 from State Government and Local Self Governments. The majorcomponents are diversification of freshwater aquaculture, diversification of brackish wateraquaculture, development of infrastructure in inland fisheries, extension and training andmarketing support

Environmental Assessment ReportKerala Local Government Strengthening ProjectNFWF Assisted Housing(SS 50%) : The programme is meant for providing housing tofishermen under the Model Village Development Programme. The unit cost per house is Rs.40,000/-. The NFWF and State Government share the cost equally as full subsidy. The outlayprovided is the state share for the programme.2..4.. Worrlld Bank Saffeguarrd PolliiciiessThe World Bank's environmental and social safeguard policies are a cornerstone of itssupport to sustainable poverty reduction. The objective of these policies is to preventand mitigate undue harm to people and their environment in the development process.Given below is an assessment of which Safeguard Policies of The World Bank areapplicable to the Kerala Local Government and Service Delivery Project.SafeguardTRIGGEREDPolicyEnvironmental Assessment (OP/BP 4.01)Description The Bank requires environmental assessment (EA) of projects proposed for Bank financingto help ensure that they are environmentally sound and sustainable, and thus to improveReasonSafeguarddecision making.The proposed project places a finite amount of funds in the form of an untied block grant atthe disposal of LSG institutions in the state. The amount is to be used by the LSG institutionsat their discretion for meeting the costs of any developmental or maintenance activity in linewith their functional mandate and obligations.While certain activities undertaken by the LSGs may have no adverse impact whatsoever onthe environment, certain others such as development of infrastructure, minor irrigation,maintenance of ponds / lakes, sanitation, solid waste disposal, facilitation of agriculturalinputs, etc. might lead to small and localized adverse impacts. Hence the policy is triggered.As a consequence of this poliSuch impacts will be identified and addressed through anEnvironmental Management Framework developed through an Environmental Assessmentof the project concept.TRIGGEREDPolicyNatural Habitats (OP 4.04)Description The policy strictly limits the circumstances under which any Bank-supported project candamage natural habitats (land and water areas where most of the native plant and animalspecies are still present). Specifically, the policy prohibits Bank support for projects whichwould lead to the significant loss or degradation of any Critical Natural Habitats, whosedefinition includes those natural habitats, which are either: legally protected, officiallyproposed for protection, or unprotected but of known to be of high conservation value.ReasonEven in case of other (non-critical) natural habitats, the Bank will support projects thatseemingly cause significant loss or degradation only when (a) there are no feasiblealternatives to the project's overall net benefits; and (b) acceptable mitigation measures,such as compensatory protected areas, are included within the scope of the project.Kerala has about 32 designated natural habitats and they are protected by National andState regulations. These include 2 Biosphere reserves, 6 National Parks, 14 Wildlife / BirdSanctuaries, 1 Reserve forest, 1 Tiger Reserve and 8 Mangrove sites. In terms of geographicalarea, the size of the state is relatively small and due to this, there is a high concentration of86

Chapter 2Policy, Legislation and RegulationNatural Habitats over a small area. To minimize the possibility of any specific interventionscausing any adverse impact on these Natural Habitats, this policy is triggered. Also, inexceptional cases involving LSG interventions in habitations of indigenous people that mightbe located in the proximity of these areas, the EMF prepared under OP/BP 4.01 will addressany likely adverse impacts.SafeguardTRIGGEREDPolicyForests (OP 4.36)Description The Bank does not finance projects that would involve significant conversion or degradationof critical forest areas or related critical natural habitats. The policy aims to reducedeforestation, enhance the environmental contribution of forested areas, promoteafforestation, reduce poverty, and encourage economic development.ReasonKerala is endowed with a sizeable forest cover. Almost 30% of the state is under forestcover, mainly confined to about five districts situated away from the coast. There islikelihood, particularly in case of GPs / Municipalities located adjacent to these areas, of afew specific activities taken up under this project having an adverse impact of limited natureon the forest ecosystem in the state or a part thereof. It is important to keep in focus, theneed for protection and sustenance of this natural resource. Hence, this policy is triggered.SafeguardNOT TRIGGEREDPolicyPest Management (OP 4.09)Description The Bank does not finance projects that would involve significant use of pesticides. Ifpesticides have to be used in crop protection or in the fight against vector borne disease,ReasonSafeguardthe Bank- funded project should include a Pest Management Plan (PMP).Certain LSG functions with respect to agricultural inputs may, on rare occasions may lead todealing with chemicals. However, it is felt that provisions under OP/BP 4.01 will suitablyaddress the possibility of (a) any banned chemical from being used and (b) chemicals beingused in a manner that is detrimental to the environment. Hence the policy is not triggered.NOT TRIGGEREDPolicySafety of Dams (OP 4.37)Description This policy is applicable only to projects that involve construction of dams. Since theconsequences of failure of a dam can be significant in terms of damage to the environmentas well as on human life, this policy aims to safeguard against such eventualities by focusingReasonon incorporating safety features in the design as well as maintenance of the dams.Construction of any dams that are significantly large I size is not part of panchayat activities.If undertaken at all, the activities could include village ponds, low embankment tanks, andlocal silt retention dams. In such cases generic dam safety measures designed by qualifiedengineers are adequate. Hence the policy is not triggered.

Environmental Assessment ReportKerala Local Government Strengthening ProjectSafeguardNOT TRIGGEREDPolicyInternational Waterways (OP 7.50)Description The OP 7.50 – Projects on International Waterways applies to the following types ofprojects: hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage,industrial, and similar projects that involve the use or potential pollution of internationalwaterways (international waterways refer to any river, canal, lake, or similar body of waterthat forms a boundary between, or that flows through, two or more states – it also appliesReasonSafeguardto tributaries/components of such waterways).Since Kerala has no international waterways, the policy does not apply.TRIGGEREDPolicyPhysical Cultural Resources (OP 4.11)Description The Bank avoids or mitigates any adverse impacts on physical cultural resources (which aredefined as movable or immovable objects, sites, structures, groups of structures, andnatural features and landscapes that have archaeological, paleontological, historical,architectural, religious, aesthetic, or other cultural significance) from the Bank’s financeddevelopment projects. It is also triggered where civil works of any size are involved andReasonSafeguardthere are any possibilities of a chance finds.Though GP activities do not involve damage or alteration to any existing cultural property,however given the historical significance of the region any chance find while excavation forany civil structures such as pond, building etc. cannot be ruled out. The EMF prepared underOP/BP 4.01 is expected to have provisions for preventing modification of any existing site ofcultural or archaeological importance or address any eventuality pertaining to encounteringchance finds. Hence the policy is triggered.TRIGGEREDPolicyIndigenous Peoples (OP/BP 4.10)Description This policy contributes to the Bank's mission of poverty reduction and sustainabledevelopment by ensuring that the development process fully respects the dignity, humanrights, economies, and cultures of Indigenous Peoples. For all projects that are proposed forBank financing and affect Indigenous Peoples (Tribals), the Bank requires the borrower toengage in a process of free, prior, and informed consultation. The Bank provides projectfinancing only where free, prior, and informed consultation results in broad communitysupport to the project by the affected Indigenous Peoples. Such Bank-financed projectsinclude measures to (a) avoid potentially adverse effects on the Indigenous Peoples’communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate forsuch effects. Bank-financed projects are also designed to ensure that the IndigenousPeoples receive social and economic benefits that are culturally appropriate and gender andReasonintergenerationally inclusive.The policy is applicable when tribal populations are present in the project area. While thepresent project may not adversely affect Tribals, the project offers an opportunity forTribals to receive social and economic benefits that are culturally appropriate and genderand intergenerationally inclusive.88

Chapter 2Policy, Legislation and RegulationThe Kerala Local Government Strengthening Project essentially envisages to improve theservice delivery in the sectors pertaining especially to natural resource management, primaryproduction, basic services such drinking water supply, health and sanitation, education,poverty eradication etc. The sustainability of environmental systems by ensuring its protectionwith respect to set standards is basic to uphold the local governance functions. This can beensured only be assessing the environmental worthiness of a region by understanding thesupportive capacity of resources and assimilative capacity of environment there. Thereby, anyenhancement/limiting of activities/services get linked to upgradation and conservation ofresources, on the one hand, and monitoring and maintenance of environmental standards, onthe other. Therefore, the Operational Policy 4.01 pertaining to Environmental Assessment willhave to be triggered for the project. It enables the assessment and understanding of theenvironmental systems and provides a safeguard mechanism from environmental degradationthrough a designed environmental management framework.Land is one of the most limiting resources in Kerala. Consequently, natural habitats are onconstant threat of invasion. The hesitation to accept and honour the local wisdom as well asthe growing disrespect to environmental functions and costs of ecological systems arethreatening the environmental integrity at the micro and macro level. The strengthening oflocal governance can facilitate integration of development interventions and environmentalprotection and intactness of natural habitats will be a good indicator of developmentconservationinterface. The protection of sacred groves and mangrove patches, natural waterbodies, landscape, hillocks etc will benefit from this policy. Therefore, the Operational Policy4.04 on Natural Habitats will have to be triggered for the project. Almost in the same lines,the Operational Policy 4.11 on Physical Cultural Resources will also be triggered for the projectto ensure the protection of local cultural interests.One of the thrust areas of local governments is the primary production sector and invariablypest management is a concern. Though the awareness on harmful pesticides is on the increase,the concept and practice of Integrated Pest Management (IPM) techniques have not beentricked down adequately. There are serious efforts for building awareness in IPM. Consideringthat the chemical pesticides are largely being discouraged in the state and that an organicagriculture policy has already been drafted and is in the process of adoption, the IPM can beadequately addressed through triggering Operational Policy 4.01 on Environmentalassessment.2..5.. IImplliicattiionss on Locall GoverrnmenttssThe review of the existing acts, rules, guidelines, notifications and circulars indicates that lotof powers and functions are vested with the Local Governments for the protection andconservation of the environment. Apart from these, there are many other environmentalregulations and statutes, which indirectly requiring the Local Government to act upon. It canbe seen that The Kerala Panchayat Raj Act 1994 and the Kerala Municipalities Act 1994 givesample power to the Local Governments in the matter of environmental protection. A briefreview of the applicability of these Acts, rules, regulations etc are summarized in Annexure IV.

Environmental Assessment ReportKerala Local Government Strengthening ProjectThe Ministry of Environment and Forests (MoEF) in Government of India has brought out variousacts, rules, notifications and guidelines on environmental protection and conservation with aview to have uniform legislation and regulations for the country as a whole. Despite the factthat the environmental issues differ from place to place as well as from state to state, thesestatutes empower the State Governments or its concerned agencies to evolve stringentmeasures for the protection of environment, but restrain them from relaxing the measures. Inother words, the environmental regulations brought out by the MoEF stipulate the minimumstandards and measures that are required to protect our environment.The various environmental laws and regulations, discussed in earlier chapter, give lot ofpowers and functions to the LGs. These powers and functions have overriding effects on allother laws. The review of the Kerala Panchayat Raj Act, 1994 and the Kerala MunicipalitiesAct, 1994 indicates that vast powers and functions are included in these Acts for theprotection and conservation of environment. Most of these provisions are identical to thatprovided in the Central acts, rules and regulations. But certain provisions in the Panchayat Rajand Municipalities acts are inconsistent with the Central Statutes. In such circumstances, theprovisions in Central Statutes prevail over the other acts due to the overriding effect and theLGs should act in conformity with the Central statutes.The review of implementation status of Central Statutes indicates that the awareness of LGson the various provisions of the statutes is meager. There is lack of clarity on the precise roleof LGs in the enforcement of these statues. Even the powers and functions to protect andconserve the environment entrusted with the LGs, as provided in the Acts under which theyare constituted, are either least known or neglected by them. Apart from these, the StateGovernment also delegate or entrust some of the powers and functions under the CentralStatutes to the LGs. But, they are generally not attended to in the absence of clarity andfollow up. Therefore, there is an urgent need for a broad based campaign among the publicand intensive Information, Education and Communication (IEC) campaign among the officialsand other functionaries of LGs to bring in more clarity for utilizing the provisions of variousregulations on environmental protection.It has been found that the technical expertise and staff available with LGs are inadequate tohandle local environmental issues and enforcement provisions in the environmental statuteseffectively. Infrastructure facilities such as monitoring equipments, trained manpower foroperating the equipments, transportation, etc are mostly unavailable with the LGs. Multiplicityof statutes and reporting authorities also create confusion and uncertainty. In thecircumstance, a comprehensive legislation has to be made or the Panchayat Raj Act andMunicipalities Act amended by incorporating the various tasks and functions under the otherStatutes and removing the anomalies. In addition, there is a need to strengthen theinfrastructure and man power of the LGs to enhance their capabilities for enforcement andtackling local environmental issues.The LGs in Kerala are in the process of institutionalization; and rapid transformation is takingplace within them to perform the role of government rather than a project implementingagency. At this juncture, there is urgent necessity for extending necessary guidance, technical90

Chapter 2Policy, Legislation and Regulationsupport, motivation etc. This is more so in the case of governance in the field of environment.In order to provide adequate technical support to the LGs and to facilitate and enable them inmatters related to environmental protection, there is a need for an Environmental Cell orMission under the LG Department. This is to provide technical, management, promotional,philosophical and enforcement support to different tiers of LGs. Though there are issue basedmissions, their interventions have been limited mostly to facilitation. Though these missionshave been conceived for technical support and enabling the LGs to achieve or rapidly movetowards environmental upgradation, their efficiency and performance level have been foundpoor or at the most moderate. Therefore, target based missions have to be integrated into amission for achieving the goal of environmental upgradation. This necessitates the formationof an Environmental Cell or Mission in the LG Department with an overall goal of environmentalupgradation of the State through LGs by integrating target orientated missions. Such a Cell orMission should be strengthened with additional powers and infrastructure to give technicalsupport to the LGs in all matters related to environmental protection and conservation and toreview the progress of implementation of the measures taken by them. It should also be givenpowers to take stringent action on erring LGs.Considering the developmental needs, the LGs are not in a position to allocate adequate fundfor the protection and conservation of environment. There are various central and stateagencies and departments like the Ministry of Urban Developments, Ministry of RuralDevelopments, Ministry of Non-Conventional Energy, Ministry of Environment and Forests,Ministry of Agriculture, Ministry of Industries,In short, a very strong IEC on lawsCentral Pollution Control Board, State Pollution related to environmental protection andControl Board, State Environment Department and conservation, strengthening of manpowerother international agencies, which extend and infrastructure of LSGs and adequatefund and provision for continuedprogramme or project based financial assistance to technical support are the immediateLGs for environmental protection and conservation. needs of LSGs in Kerala. In addition, aUnfortunately, information regarding such frame work for ensuring protection andconservation of environment will enableprogrammes or projects or scope of such financial them to stride towards persistentschemes are not reaching to the level of LGs or environmental upgradation. Thethey are not capable of preparing scheme to suit Environmental Assessment (EA) andEnvironmental Management Frameworkthe requirements of the funding agencies and(ESMF) shall provide the right tool foravailing these opportunities. There is necessity of LSGs in this regardData Banks of such schemes and financialassistance to be created and made available to the Directorate of Municipalities andDirectorate of Panchayat or attached with the proposed Environment Cell/Mission. The LGsshould also be enabled to make use of such opportunities in tune with their policy and actionplan they set for environmental upgradation and facilitate them to do the follow up withconcerned agencies. A list of projects requiring prior environmental approval is given inAnnexure 8.

Environmental Assessment ReportKerala Local Government Strengthening Project2..6.. Liisstt off Enviirronmenttalllly Senssiittiive Arreass // No IIntterrventtiion Arreass2.6.1. Ramsar sites in KeralaAshtamudi Wetland in Kollam District of Kerala, India, is the second largest (614 sq km)anddeepest wetland ecosystem, next only to the Vembanad estuary ecosystem of the state.Sasthamkotta Lake(3.73 sq km), is the largest fresh water lake in Kerala,Vembanad-Kol Wetland ( 1512.5 sq km)2.6.2. CRZ 1 (No intervention areas)This includes areas delineated as CRZ 1 in the Coastal Zone Management Plan of the state.2.6.3. Biosphere reservesNilgiri Biosphere Reserve (5,520 km²) established in 1986, includes parts of Wynad,Nagarhole, Bandipur and Mudumalai, Nilambur, Silent Valley and Siruvani Hills in TamilNadu, Kerala and Karnataka.Agasthyamalai Biosphere Reserve (3,500 km²) established in 2001, covers parts ofThiruvananthapuram, Kollam and Pathanamthitta Districts in Kerala and Tirunelveli andKanyakumari Districts in Tamil Nadu.2.6.4. National parks1978 Eravikulam National Park, Idukki District, 97 km²1982 Periyar National Park, Idukki District, 350 km²1984 Silent Valley National Park, Palakkad District, 89.52 km²2003 Mathikettan Shola National Park, Idukki District, 12.82 km²2003 Anamudi Shola National Park in Idukki District is composed of Mannavan shola, Idivarashola and Pullardi shola, covering a total area of 7.5 km².2003 Pambadum Shola National Park Idukki District, 1.318 km²Proposed Karimpuzha National Park, 230 km²2.6.5. Wildlife sanctuaries1950 Periyar Wildlife Sanctuary, Idukki District, 427 km²1973 Wynad Wildlife Sanctuary Wayanad District, 344.44 km² (Elephant, Tiger)1973 Parambikulam Wildlife Sanctuary Palakkad District, 285 km² ( Nilgiri Tahr, Lion TailedMacaque, Gaur & Elephant)1958 Neyyar Wildlife Sanctuary Thiruvananthapuram District, 128 km², ( Lion TailedMacaque, Elephant, Nilgiri Langur, Crocodile, Shola birds. More than 150 endemics.)1958 Peechi Vazhani Wildlife Sanctuary Thrissur District, 125 km²1984 Chimony Wildlife Sanctuary 85 km² Thrissur District, (Elephant, Tiger)1984 Shenduruny Wildlife Sanctuary Kollam District, 171 km² (Tiger, Lion Tailed Macaque,Shola birds & lesser predators. Gluta Travancorica (tree))1984 Chinnar Wildlife Sanctuary Idukki District, 90.44 km²(Nilgiri Tahr, Elephant, Dryhabitat species of animals & birds)92

Chapter 2Policy, Legislation and Regulation1976 Idukki Wildlife Sanctuary Idukki District, 70.0 km² (Elephant, Sambar)1984 Aralam Wildlife Sanctuary Kannur District, 55 km² Kannur District (Gaur, Sambar,Nilgiri Langur,)1983 Peppara Wildlife Sanctuary Thiruvananthapuram District, 53 km² ( Lion TailedMacaque, Elephant, Shola birds)1983 Thattekadu Bird Sanctuary Idukki District, 25.16 km² ( Birds)2004 Mangalavanam Bird Sanctuary Ernakulam District, 0.0274 km², Almost at Sea level2006 Kurinjimala Sanctuary Idukki District, 32 km² (approx.) (Neelakurinji plant)2007 The Proposed Ranipuram Wildlife sanctuary in kasaragod district. Apprx 80 km2.(shola forests, Elephants, leopards, wild dogs, various species of birds, malabar civet cats,slender loris, macaque.etc) part of Brahmagiri biosphere2.6.6.Tiger reserves1978 Periyar Tiger Reserve 777.54 km² Idukki District 1950. (Tiger, Lion Tailed Macaque, BlackPanther, Elephant, smaller mammals)2.6.7. Reserve forestsAttappadi - The 249 km² Attappadi Reserve Forest is an informal buffer zone conjoining SilentValley National Park to the West. 81 km² of this forest was separated to become most of thenew 94 km² Bhavani Forest Range which is part of the 147.22 km² Silent Valley Buffer Zone.2.6.8. Mangrove sites in Kerala coastErnakulam& Mattancheri Channels(Thoppinpadi-Murukkumpadam) in Ernakulam District(1.69 km2) Ernakulam& Mattancheri Channels in Ernakulam District (0.08 km2 ) Chittari Puzha & Anela Puzha (Mangad-Kollam) in Kozhikode District (0.34)Dharmadam-Edakkad in kannur District (0.26 sq km)Dharmadam Puzha& Anjrakandi Puzha in Kannur District (2.46sq km)Valapattanam estuary (Valapattanam-Narat) in kannur District (0.99 sq km)Ramapuram Puzha (Pazhayangadi-Thekkumpad) in Kannur district (1.14 sq km)Pazhayangadi estuary (PattavamKuppam) in Kannur Distrct (4.62 sq km)A detailed list is given in Annexure 10.