BY EMAIL & BY SPEED POST

 
No.22/5/2022-SBM-II (E-9132811)
Government of India
Ministry of Housing and Urban Affairs
(SBM-II Division)
Nirman Bhawan, New Delhi-110011
Dated the       June, 2022
To
 
Shri Ranjit Kumar Dev Choudhury, Shri Ranjit Kumar Dev Choudhury,
Assistant Solicitor General of India, Assistant Solicitor General of India,
O/o ASG, Gauhati High Court, “Kailash-Ganga”, House No.2, Nizarapar,
Old Block 1 Floor,
st
Chandmari, Guwahati-781003
Guwahati, Assam-781-001. Ph.No.98640-6206 (M), 87610-10137 (M)
  Email ID : rdevchoudhury@rediffmail.com
 
Subject:-   Para-wise comments in the matter of PIL No.74 of 2019 of Sri Santi Lal
Acharjee (Petitioner) vs The State of Assam & Ors.) (Respondents) - reg.
-x-x-x-

Sir,
This has reference to your letter dated 11.5.2022 on the above referred matter.
Para-wise comments in the matter related to SBM Division to the PIL is annexed.
 
2.         Further, as regards the direction of the Hon’ble Court seeking information on
setting up of scientific management of municipal solid waste in Sivasagar Municipal
Board, it is stated that as per the approved Detailed Project Report (DPR) of Solid Waste
Management (SWM) of Sivasagar Municipal Board (SMB), an amount of
Rs.1,15,09,349/- (Rupees one crore fifteen lakhs nine thousand three hundred and forty
nine only) was released to Sivasagar Municipal Board (SMB) under Swachh Bharat
Mission-Urban (SBM-U). Additional financial assistance of Rupees one lakh was
released to Sivasagar MB under Solid Waste Management (SWM) component of SBM-U
for construction of a dry waste management centre. Two Organic Waste Converter
(OWC) of capacity 500 kg/day were also provided for management of wet waste
generated in the ULB.
 
3.         Considering the above facts and the para-wise comments enclosed herewith, you
are requested to draft a ‘Reply Affidavit’ on the lines suggested in this letter and the
para-wise comments and send the draft ‘Reply Affidavit’ to this Ministry for vetting and
signature of the competent authority as Deponent. The signed reply Affidavit may be filed
in the Hon’ble Court thereafter.

 Yours faithfully,
 
 
 
(R.S. Jayal)
Deputy Secretary to the Govt. of India
 PARA-WISE COMMENTS OF MINISTRY OF HOUSING & URBAN AFFAIRS
(SWACHH BHARAT MISSION-URBAN) TO PIL NO.74 OF 2019 OF SRI SANTI LAL
ACHARJEE (PETITIONER) VS THE STATE OF ASSAM & ORS.) (RESPONDENTS)
 
Para-(1) - No comments.
 
Para-(2) – The averments of the Petitioner may be replied to by the State Govt. of Assam
as under the 7th Schedule of the Constitution, Sanitation is a State subject.  The Action
Plan for processing of municipal waste also has to be made by the Assam Govt. and  the
Sivasagar Municipal Board. GoI has no role to play in deciding on this subject, including
the location, nature, capacity of the Waste processing plant(s).
 
Para-(3) - No comments.
 
Para-(4) – The averments of the Petitioner pertains to accumulation on municipal waste
at Darikapur Municipal Garbage Yard which comes under the ambit of day-to-day
functioning at the ground level of the Urban Local Body (ULB) concerned and hence has
to be replied to by the Govt. of Assam and the ULB.
 
Para-(5)  to (7) - No comments.
 
Para-(8) - No comments. However, the issue of Garbage unloading on the side of the
Highway near the Petitioner’s courtyard, being a subject matter of the ULB concerned
has to be replied by the ULB and the State Government.
 
Para-(9) and (10) - No comments.
 
Para-(11) – The various Acts/ Rules of Government of India, namely, “The Environment
Protection Act, 1986”, “The Municipal Solid Waste (Management and Handling) Rules,
2000”, “Bio-Medical Waste (Management and Handling) Rules, 1989” and the “Bio-
Medical Waste (Management and Handling) Rules, 1998” are all administered by
Ministry of Environment Forests and Climate Change (MoEFCC). As such, Swachh
Bharat Mission-Urban (SBM-U) Division of the Ministry of Housing & Urban Affairs
(MoHUA), has no direct role in the implementation of these Rules/ Acts etc, except for
those which are found to be in alignment with the objectives of the Swachh Bharat
Mission-Urban (SBM-U) and specifically stated in Rule 6 of Solid Waste Management
Rules, 2016, which is in supersession to The Municipal Solid Waste (Management and
Handling) Rules, 2000.
 
Para-(12) & (13) - No comments. As already mentioned in reply to para.11 above, the
prime responsibility for disposal of Municipal waste and its management lies with the
State Government and ULB concerned as per the 7th Schedule of the Constitution.
 
Para-(14) - No comments.
 
Para-(15) - “The Environment Protection Act, 1986”  is administered by MoEFCC and the
subject is also dealt in that Ministry, and hence this Ministry has no comments to offer.
 
Para-(16) to (21) - No comments.
 
*****
 ANNEXURE

As per Rule 6 of Solid Waste Management (SWM) Rules, 2016, notified by Ministry of
Environment, Forests and Climate Change (MoEF&CC), vide Gazette Notification
No.S.O.1357 (E), dated 8th April, 2016, various duties have been assigned to Ministry of
Housing & Urban Affairs (MoHUA), details of which along with the Action Taken Report
(ATR) of the Ministry are  given below:-
 
Rule 6 of SWM Rules, 2016-
 
The Ministry of Urban Development shall coordinate with State Governments and Union
Territory Administrations to:
 
(a) Take periodic review of the measures taken by the States and Local Bodies for
improving Solid Waste Management practices and execution of Solid Waste
Management projects funded by the Ministry and external agencies at least once in
a year and give advice on taking corrective measures;
 
Actions taken by  Ministry of Housing & Urban Affairs (MoHUA): Ministry of Housing
& Urban Affairs (MoHUA) under the Swachh Bharat Mission (SBM) provides financial
assistance as per the provisions of SBM-U 2.0 Guidelines. These SBM funded projects
as well as other ongoing SWM projects in the States and UTs are reviewed regularly by
the MoHUA at various levels. In addition, the following initiatives have also contributed
for periodical review of the municipal solid waste management in the States/UTs under
the scheme.
 
Swachh Sarvekshan: To promote competitive spirit of amongst the ULBs in the country,
SBM is conducting the Swachh Survekshans (SS) annually, which entail rigorous
evaluation by an independent third party agency of various SBM components in their
implementation, O&M and complaint redressal mechanisms along with citizen feedback
survey on the status of cleanliness.
 
Star rating protocol for Garbage free cities (GFC): This protocol include all
components of SWM for assessment of cities, viz. source segregation, waste processing,
dumpsite remediation, penalties & spot fines for littering, compliance by bulk waste
generators, cleanliness of drains & water bodies, plastic waste management and
managing construction & demolition waste, etc. which are critical for cities to achieve
garbage free status. At present there are 167 one star, 166 three star and 9 five star
Garbage Free Cities (GFC), certified.

 (b). Formulate National Policy and Strategy on Solid Waste Management including
policy on waste to energy in consultation with stakeholders within six months
from the date of notification of these Rules;
 
Actions taken by  MoHUA: MoHUA have already issued National Urban Sanitation
Policy 2008 which inter-alia provides policy guidelines for scientific solid waste
management.  It is targeted to cover all the Statutory Cities and Towns with SWM
services, which comprise segregation at source and storage, primary collection,
secondary storage, transportation, secondary segregation, resource recovery,
processing, treatment and final disposal of solid waste as per SWM Rules notified from
time to time.
 
The SBM Guidelines also promote projects of Waste to Energy (WtE), for which
the Central Government grant/VGF under SBM-U may also be used, either upfront or as
generation based incentive for power generated for a given period of time. In addition,
policy and strategic interventions are made with various organizations so as to make
effective use of the recycled waste. Efforts are made in coordination with the Ministry of
Chemical and Fertilisers for marketing of compost. The amendments have been made in
Electricity Tariff Policy in 2016, which makes it mandatory for State DISCOMs to procure
100% electricity generated by municipal solid waste to energy plants. For promoting the
recycling and reuse of Construction & Demolition Waste processed aggregates in
construction activities, the Bureau of Indian Standards (BIS) has amended/revised the
Indian Standard IS 383 – Specification for Coarse and Fine aggregates. Ministry of Road
Transport & Highways has issued instructions dated 9.11.2015 encouraging use of
plastic waste  in hot  bituminous mixes for periodic renewal of National Highways wearing
coat within 50 km periphery of ULBs having population more than 5 lakhs. Further, SWM
Rules 2016, No.18  mandates that “all industrial units using fuel and located within one
hundred km from a solid waste based refuse derived fuel (RDF) plant shall make
arrangements within six months from the date of notification of the rules to replace at
least five percent of their fuel requirement by RDF so produced”

 (c). Facilitate States and Union Territories in formulation of State Policy and
Strategy on Solid Waste Management based on National Solid Waste Management
Policy and National Urban Sanitation Policy;
 
Actions taken by  MoHUA: MoHUA is handholding the States and UTs in all aspects of
implementing SBM and SWM Rules 2016. The States, Union Territories and the ULBs
are responsible for the implementation of SWM Rules 2016. Each State and UT has to
formulate its policy and strategy in keeping with their geographical and climatic
conditions. MoHUA is supporting the States and UTs in formulating their policy and
strategy by deputing officials to the State Committees and assisting them in drawing their
State Policy and strategy in consonance with the SWM Rules 2016. MoHUA has
published the revised Municipal Solid Waste Management Manual, 2016 which is in
compliance with the SWM Rules, 2016. The revised manual guides the States in the
planning of their MSW management leading to development of State specific policies and
strategies.
 
(d). Promote research and development in solid waste management sector and
disseminate information to States and local bodies;
 
Actions taken by  MoHUA: For encouraging R&D in solid waste management sector
and to disseminate information on viable SWM technologies, the Ministry has set up the
Technical Evaluation Committee (TEC) for examining new technologies and processes
under the Chairmanship of Dr. R.A. Mashelkar, which examines the replicability,
scalability and sustainability of the new technologies & processes and recommends the
same for possible implementation. This work is ongoing.
  
(e). undertake training and capacity building of Local Bodies and other
stakeholders; and;
 
Actions taken by  MoHUA: For effective implementation of SWM Rules 2016, regular
training workshops, exposure visits, best practices peer leaning, E-learning courses are
being organised at all levels in the Urban local bodies. The States & UTs, depending
upon their specific geophysical and climatic conditions are preparing their own SWM
Policies. So far, 7 States have finalised State SWM Policy (Maharashtra, HP, Odisha,
MP, Kerala, TN, ANI and Mizoram).
 
(f). provide technical guidelines and project finance to States, Union Territories
and local bodies on solid waste management to facilitate meeting timelines and
standards.
 
Actions taken by  MoHUA: Ministry has issued several technical guidelines and
protocols for facilitating the implementation of SWM Rules 2016. Same are listed below:
 
 i.    Manual on Municipal Solid Waste Management 2016.
ii. Draft Model Municipal Solid Waste (Management and Handling), Cleanliness and
Sanitation Rules/Bye-Laws.
iii. Step-by-Step Guide for Integrating Informal Sector (rag pickers) in MSWM.
iv.  Guidance for Bulk Waste Generators compliance
v.  Guidance for RWA’s / Neighbourhoods in MSWM titled “My Swachh
Neighbourhood”.
vi.  Facilitating technology guidance for waste processing such as “Waste to
Compost” and “Waste to Energy” through “Waste to Wealth Ready Reckoner”.
vii. Garbage Free Star-Rating protocol system for the monitoring and validation of
Solid Waste Management Systems in ULBs.
viii.  Advisory on Decentralised Composting Techniques for organic waste.
ix.  Advisory on Collection and Transport of Municipal Solid Waste
 
In addition, the Ministry has also issued several protocols for Source Segregation
and cleanliness in specific premises such as Offices, Schools, Hospitals, Parks, RWAs,
Clubs, Roads & Railway Stations.

As regards financing the Solid Waste Management (SWM) projects in the States/
UTs, it is submitted that under SBM-Urban 1.0 (from 02.10.2014 to 30.9.2021), Rs.
7365.82 Crore was earmarked for Solid Waste Management (SWM) component for
release to the States/ Union Territories. In the phase two of the Mission, i.e., SBM-U 2.0
(from 01.10.2021 to 01.10.2026, Rs.10.168 Crores have been earmarked by
Government of India (GoI) for release under SWM component. 
 
The subject of “Sanitation” being a State subject under the 7th Schedule of the 
Constitution, the entire responsibility of formulating and on-ground implementation of
Municipal SWM Action Plan lies with the concerned State Government/ Municipalities/
Urban Local Bodies. The SBM-Urban Division of MoHUA, merely releases Central Share
(CS) funds to the State Govts. and Union Territories (UTs) for all types of activities and
projects under Solid Waste Management (SWM) component, including for bio-
remediation of legacy waste dumpsites, as per the Action Plan submitted by the States/
UTs. Deciding the number, type, capacity and nature of projects to be taken up in
accordance with local needs of the ULB concerned in the State is entirely within the
jurisdiction of the State Government. Therefore, SBM Division of MoHUA has no role in
the matter.