Statutory basis for solid waste body

The Bengaluru Solid Waste Management Limited (BSWML) has been set up as a government-owned company to execute solid waste management (SWM) projects on behalf of BBMP based on an executive order and without any statutory basis which is essential.

This company should be empowered statutorily as a procurement entity on behalf of the Bruhat Bengaluru Mahanagara Palike as envisaged in the proposed New Bengaluru Governance (NBG) Bill, 2021. The BBMP Act, 2020 which is in force, stipulates ward committees as corporation authorities assigning them statutory powers in SWM and investment in Bengaluru.

The newly established BSWML company runs contrary to the mandate of the BBMP Act in this regard. Firstly, the BSWML has not been statutorily backed by suitable enabling provisions in the BBMP Act. Secondly, BBMP Act has given statutory powers regarding SWM to the ward committees which is imprudent. These ward committees should have only a participatory role.

Thirdly, BSWML, without a statutory backup, will be perceived as a service providing contractor only. The MSW Rules, 2016 authorises the appointment of any agency based on the criteria specified under it. To address these anomalies, it is appropriate to create a statutory framework for the establishment of BSWML and to specify its powers and functions clearly in the BBMP law such that BSWML is under the administrative control of the BBMP Council.

Further, as a major reform, the law should stipulate that licencing of service providing agencies should be in accordance with the mandate of MSW Rules, 2016 which is currently not in practice in BBMP or any municipality in the state. The operator licence should be applied for by the vendor agencies to the BSWML which must scrutinise it and recommend grant of such licences for approval by the BBMP Council and issue the same.

The BSWML will operate on the budgetary framework and administrative control of BBMP. It is empowered to accord technical sanctions to the projects and procure them through tendering process among the pre-qualified licenced operators before entering into a service contract. BSWML will act as a Special Purpose Vehicle (SPV) to manage the operations and infrastructure development for SWM in Bengaluru.

The BSWML should be responsible to get regular feedback from the municipal authorities and the ward committees on the day-to-day operations and deficiencies in the service delivery. It will act as a regulatory body for enforcement of adherence to contract conditions by licenced operators under the criteria stipulated under MSW Rules, 2016. BSWML shall also be responsible to coordinate and liaise with the Karnataka State Pollution Control Board for obtaining statutory clearances.

The Bengaluru Solid Waste Management Authority (BSWMA) will have a Governing Council headed by the chief minister and an Executive Committee. The composition of the BSWML as conceived in the government order can be reconfigured as its executive committee under the law. Administrative approvals for all the projects are accorded by BBMP Council or the BSWMA depending upon the value of the project cost. BSWMA will exercise the financial power of the state government to avoid unnecessary delay.

Investment plan

The BSWMA will be declared as a Development Authority and will be made responsible for the preparation of SWM master plan for the Bengaluru Urban District including phase-wise investment plan with milestones, which should be routed through Bangalore Metropolitan Region Authority for incorporation in the five-year draft development plan to be prepared by the Greater Bengaluru Metropolitan Planning Committee (GBMPC).

The BSWMA shall be responsible for the identification and allocation of suitable land to BBMP for setting up of processing and disposal facilities for solid wastes as incorporated in the SWM master plan. BSWMA shall ensure that the master plan is reviewed regularly. The master plan must identify sites for setting up regional waste processing facilities accessible to the surrounding municipalities and panchayats.

On similar lines of BSWML and BSWMA, the state government may think of establishing Solid Waste Management Limited for every district having a municipal corporation and an apex body at the state level called Karnataka Solid Waste Management Authority as and when required.

Creating statutorily backed SPVs will facilitate state-wide municipal governance reforms for sustainable and accelerated SWM and infrastructure development. This strategic legislative intervention by the state government through the proposed NBG Bill, 2021 enables the realisation of the intent of constitutional mandate and MSW Rules, 2016 in letter and spirit empowering the ward committees and municipal authorities to discharge their obligatory functions effectively which is the need of the hour.

(The writers are directors, Centre for Urban Governance Studies & Policy Research, Bengaluru)