KERALA LOCAL GOVERNMENT SERVICE DELIVERY PROJECT · • The Kerala Protection of River Banks &...

216
E E N N V V I I R R O O N N M M E E N N T T A A L L A A N N D D S S O O C C I I A A L L A A S S S S E E S S S S M M E E N N T T R R E E P P O O R RT T K K E E R R A A L L A A L L O O C C A A L L G G O O V V E E R R N N M M E E N N T T S S E E R RV V I I C C E E D D E E L L I I V V E E R R Y Y P P R R O O J J E E C C T T

Transcript of KERALA LOCAL GOVERNMENT SERVICE DELIVERY PROJECT · • The Kerala Protection of River Banks &...

EEENNNVVVIIIRRROOONNNMMMEEENNNTTTAAALLL AAANNNDDD SSSOOOCCCIIIAAALLL

AAASSSSSSEEESSSSSSMMMEEENNNTTT RRREEEPPPOOORRRTTT

KKKEEERRRAAALLLAAA LLLOOOCCCAAALLL GGGOOOVVVEEERRRNNNMMMEEENNNTTT

SSSEEERRRVVVIIICCCEEE DDDEEELLLIIIVVVEEERRRYYY PPPRRROOOJJJEEECCCTTT

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

1

EEEXXXEEECCCUUUTTTIIIVVVEEE SSSUUUMMMMMMAAARRRYYY

Introduction: The 73rd and 74th Amendments to the Indian Constitution brought in a Local Government system as the third tier of governance with focus on economic development and social justice. Kerala embarked on a trajectory of rapid decentralization since October 1995. The State has moved ahead on the agenda of transferring functions and responsibilities to the local governments at good pace. As the decentralization movement in Kerala enters into its second decade, the GoK is keen to move forward on the next phase of institutionalizing local self-governments. In this context, the Government of Kerala is contemplating a new intervention in the shape of the Kerala Local Government and Service Delivery Project, for which it is planning to partner with The World Bank. The project has been designed with the basic objective of strengthening local government finances and service delivery. Overview of the Kerala Local Government Service Delivery Project: The objective of this project is to enhance and strengthen the institutional capacities of local governments in Kerala to deliver services and undertake their basic administrative and governance functions effectively. Direct beneficiaries of the project will be the 978 GPs and 60 Municipalities in the State of Kerala. Investments made by the GPs and Municipalities will indirectly benefit the entire population (29.5 million) of the State of Kerala. The project will have four components. A brief description of the project components is described below. Component 1: Performance Grants. This component will phase in an annual, performance-based grant to all GPs and Municipalities in Kerala. The grant will be spent on both the creation and maintenance of capital assets used in service delivery. The overall goal is to improve GP and municipal performance in local governance and public service delivery. Allocation of this grant to the local government will be based on performance which will be determined through an Annual Performance Assessment exercise taken up under the project. Component 2: Capacity Building. This component will provide capacity building inputs to strengthen and supplement the existing systems and human resource of municipalities and GPs to enhance their institutional performance. The focus will be in four core areas:

a. Development and improvement of administrative systems used by LSGs;

b. Strengthening of capacities of LSGs personnel using these systems;

c. Mentoring directed at human resource capacity improvement and supplementation; and

d. Strengthening of the overall institutional capacities of the key organizations responsible for delivering LSG training in Kerala.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

2

Component 3: Enhancing State Monitoring of the Local Government System. This component will provide support to strengthen the system of performance monitoring of GPs and municipalities in Kerala. This component will comprise four sub-components:

a. Establishment of a database of GP and municipal information.

b. LSG Service Delivery Survey.

c. Project Evaluations.

d. Establishment of a Decentralization Analysis Cell (DAC).

Component 4: Project Management: This component will provide support to the Project Management Unit (PMU) within the LSGD in overall coordination, implementation, monitoring and evaluation of the project. Need for an ESMF: The project has been classified under category B as per World Bank norms. This mandates the preparation of an Environmental and Social Management Framework (ESMF) as a necessary procedural requirement for project appraisal and adherence / compliance to the ESMF during project implementation, a vital performance criterion. Given the inherent nature of the project goals, there are no concrete or physically well defined interventions proposed, which could be examined or assessed for likely environmental and social (E&S) impacts in order to develop an ESMF. However, many of the known functions and activities normally undertaken by the PRIs as a matter of routine can be examined. Incidentally, the incorporation of the Part IX and IX A in the Constitution of India, made through 73rd and 74th Amendment in 1992, integrated ample provisions entrusting the Grama Panchayats and Municipalities to perform functions related to E&S management. Sustainable systems of natural resource management would require community participation in the planning and implementation of natural resource development programmes and the management of these resources. Local Governments are ideally placed to bring about this transformation in the local development paradigm. Therefore, even in this context, the ESMF will be a suitably relevant tool placed in the hands of local governments as it will empower them to manage E&S issues arising out of their own decisions and plans. Overview of the Environment and Social Assessment Study: The environmental assessment study for the KLSGP has the following components:

• An in-depth understanding of the functioning of the local government including functions, authority, roles and responsibilities at various levels.

• A detailed study and analysis of the existing State and Central legislation pertaining to activities and functions assigned to local governments;

• An ESMF that identifies / recognizes possible E&S impacts of typical local government functions or interventions, recognizes the likely impacts and enables the users to take decisions that appropriately mitigate the same.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

3

• An Institutional Plan that specifies roles and responsibilities various players along the LSG hierarchy have to perform / bear with respect to grant of E&S approval to any proposed LSG activity.

• A Capacity Building Plan that strives to build the capacity of different stakeholders to mainstream E&S compliance in their day-to-day functioning.

• An appropriate monitoring mechanism to track the implementation of the EMF.

Review of enactments, rules and regulations on environment: Prevailing and applicable laws and regulations, which are relevant in context of LSGs, have been compiled and reviewed. These are as follows: Policy, Legislation and Regulation- Government of India 1. Policies

• National Forest Policy 1988 • National Water Policy 2002 • National Health Policy 2002 • National Agricultural Policy 2003 • National Urban Transport Policy 2006 • National Environmental Policy 2006 • National Urban Housing and Habitat Policy 2007 • National Urban Sanitation Policy, 2008

2. Acts and Regulations

• Water (Prevention and Control of Pollution) Act 1974 • Water (Prevention and Control of Pollution) Cess Act, 1977 • Forest (Conservation) Act 1980 • Air (Prevention and Control of Pollution) Act, 1981 • Environment Protection Act 1986 • Coastal Regulation Zone Notification 1991 • Environmental Impact Assessment Notification 1994 • Bio-Medical Wastes (Management and Handling) Rules, 1998 • Plastics Manufacture, Sale and Usage Rules, 1999 • Municipal Solid Waste (Management and Handling) Rules, 2000 • The Noise Pollution (Regulation and Control) Rules, 2000 • The Biological Diversity Act, 2002 • National Rural Employment Guarantee Act, 2005

3. Programmes

• Drinking Water Supply Programmes • Total Sanitation Campaign • Watershed Development Programme • Joint Forest Management Programme • Poverty Alleviation Programmes • Housing Programmes • Jawaharlal Nehru National Urban Renewal Mission

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

4

• Urban Infrastructure Development Scheme for Small and Medium Towns • Integrated Low Cost Sanitation Programme

Policy, Legislation and Regulation: Government of Kerala:

1. Policies

• Draft Environmental Policy, 2007 • Kerala State Water Policy 2007 • Kerala Biotechnology Policy • The Kerala Urban Policy • The Kerala Energy Policy • Draft Kerala Fisheries Policy • The Kerala Industrial and Commercial Policy 2007 • 6. The Kerala Housing and Habitat Policy 2007

2. Acts and Regulations

• Kerala Panchayati Raj Act 1994 • Kerala Municipalities Act 1994 • Kerala Panchayat Raj (Issue of License to Dangerous & Offensive Trades &

Factories) Rules, 1996 • The Kerala Municipality Building Rules, 1999 • The Kerala Protection of River Banks & Regulation of Removal of Sand Act,

2001 • The Kerala Groundwater (Control & Regulation) Act 2002 • Kerala Irrigation & Water Conservation Act 2003 • The Kerala Bio-diversity Rules, 2008 • The Kerala Conservation of Paddy Land and Wetland Act, 2008 • Draft Public Health Act for Kerala 2009 • Circulars to and by the LSG Department

3. Programmes

• Food Security Mission • Malinya Mukta Kerala Action Plan • Animal Husbandry • Plantation Development • Housing Schemes • Wetland Eco-restoration Programmes • Rural Water Supply Schemes • Social Forestry Programmes • State Poverty Eradication Mission • Watershed Development Programmes • Fisheries Development Programme

Summary of the review: The review of the existing acts, rules, guidelines, notifications and circulars indicates that lot of powers and functions are vested with the Local Self Governments for the protection and conservation of the environment. Apart from

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

5

these, there are many other E&S regulations and statutes, which indirectly requiring the Local Self Government to act upon by circulars and notices. It can be seen that The Kerala Panchayat Raj Act 1994 and the Kerala Municipalities Act 1994 gives ample power to the Local Self Governments in the matter of environmental protection. The review of implementation status of Central Statutes indicates that the awareness of LSGs on the various provisions of the statutes is meagre. Therefore, there is an urgent need for a broad based campaign among the public and intensive Information, Education and Communication (IEC) campaign among the officials and other functionaries of LSGs to bring in more clarity for utilizing the provisions of various regulations on E&S protection. It has been found that the technical expertise and staff available with LSGs as well as the infrastructure facilities for monitoring are inadequate to handle local E&S issues and enforcement provisions in the E&S statutes effectively. There is a need to strengthen the infrastructure and man power of the LSGs to enhance their capabilities for enforcement and tackling local E&S issues, requirements of natural resource management, environmental management including sanitation, environmental monitoring etc. The World Bank's environmental and social safeguard policies: The World Bank's environmental and social safeguard policies are a cornerstone of its support to sustainable poverty reduction. The objective of these policies is to prevent and mitigate undue harm to people and their environment in the development process. The World Bank safeguard policies and their applicability to the project are as follows:

Safeguard Policies Triggered Yes No

Environmental Assessment (OP/BP 4.01) X Natural Habitats (OP/BP 4.04) X Forests (OP/BP 4.36) X Pest Management (OP 4.09) X Physical Cultural Resources (OP/BP 4.11) X Indigenous Peoples (OP/BP 4.10) X Involuntary Resettlement (OP/BP 4.12) X Safety of Dams (OP/BP 4.37) X Projects on International Waterways (OP/BP 7.50)

X

Projects in Disputed Areas (OP/BP 7.60) X

Review of functions of LSGIs and their environmental implications: The three tier local self government institutions have mandatory functions, general functions and sectoral functions to be performed. The sectoral functions include agriculture, fisheries, animal husbandry, dairy development, minor irrigation, social forestry, small industries, housing, waters supply, electricity and energy, education, public works, public health and sanitation, social welfare, poverty alleviation, SC /ST development, sports and cultural affairs, PDS, natural calamities relief, and cooperation. Some of these functions include interventions

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

6

on ecosystem resources, and hence have environmental implications. There are many functions which have beneficial impacts if appropriate protocols are observed. In addition, major development initiatives under the state development plan will also have implications at local level. Though some of the major and medium projects are brought under the purview of environmental assessment and correction mechanisms, many of the small scale interventions can cause adverse impacts which are not subjected to any check measures, as such. E&S Analysis of Development interventions: In order to understand the functions, responsibilities and sectoral programmes that can cause adverse E&S consequences, an impact analysis is carried out using an activity-impact matrix. The analysis is carried out for mandatory, general and sector wise responsibilities of the three tier Panchayats and Nagarpalika and interventions by development departments under state and central schemes. This has enabled the delineation of impact causing functions and activities and enabled their grading into high, medium and low impact. Appropriate mitigation measures for the impacting functions and activities are also incorporated in the matrix. In order to understand the development paradigm and environmental concerns of local bodies at various levels, structured focus groups discussions were organized in one Zillah Panchayat, three Block Panchayats, four Gram Panchayats and three Municipalities. The discussions helped to identify the gaps in the existing systems, processes and tools adopted for development planning, capacity and capability for tackling development issues, in general, and environmental management, in particular. The Environmental and Social Management Framework: It is proposed that an Environment and Social Management Framework (ESMF) to be applied to sub-project activities to be taken up by Local Self Government Institutions (LSGIs) making use of the untied ‘Performance Grants’ provided to them under Component 1 of the project. The main purpose of the ESMF is to ensure compliance of sub-projects with triggered safeguards policies as well as applicable laws or regulations pertaining to Environmental and Social (E&S) aspects. The ESMF comprises the following:

a) A detailed strategy and procedures for Environmental and Social (E&S) screening of sub-project proposals to identify the likely E&S impacts, if any and determination of counter measures to mitigate the same.

b) Roles, responsibilities and hierarchical line of authority of officials /

functionaries involved at various levels of the LSG institutional set-up vis-à-vis various stages of E&S approval process

c) A capacity building plan for suitability developing capacities and capabilities

in all players involved in E&S approval process

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

7

d) A monitoring mechanism that generates reliable information on effectiveness and quality of ESMF implementation thereby enabling the management to undertake corrective measures if and whenever necessary.

E&S screening will enable identification adverse environmental and social impacts, if any, of all sub-projects proposed to be financed from Bank funds. The screening will also indicate whether the identified impacts are or low intensity or medium intensity. This exercise will be undertaken as part of the Detailed Project Report (DPR) preparation activity by the working groups of the LSGs with technical assistance from the LSG Engineers. Block Engineers, proposed to be deputed to the project will provide facilitation and hand holding support wherever required. If potentially adverse E&S impacts are identified, the ESMF has provision to build in suitable mitigation measures to offset the identified adverse impacts. The outcome of E&S screening of any proposed sub-project could be as follows:

a) Denial of E&S approval to the proposed sub-project if it happens to figure in the regulatory list containing that are not permitted to be taken up by local regulations or Bank policies.

b) Grant of E&S approval to low impact activities subject to incorporation of

appropriate mitigation measures suggested in the Environmental and Social Guidelines provided in the ESMF in the sub-project proposal.

c) Grant of E&S approval to medium impact activities subject to conduction of

a Limited Environmental and Social Assessment (LESA), by an expert and incorporation of mitigation measures suggested therein.

Further important salient features of the ESMF are as follows: • Technical sanction will be provided by the Implementing Authorities and final

approval will be granted by the District Planning Committee (DPC). • Correct implementation of the works and compliance to suggested mitigation

measures is ensured by the Project Implementation Officer under the overall supervision of the LSG Committee. Full and accurate compliance to mitigation measures will be an important requirement for release of final installment of payment to the works contractor.

• Appropriate forms / tools and Environmental and Social Guidelines (E&SGs) are

provided for use of functionaries involved in screening and grant of Environmental Approval. The forms will streamline the application E&S Approval process and also enable maintenance of documentary records of the same. The E&S guidelines list various LSG projects stating the potential impact, required mitigation measures, and the possible government schemes for convergence. In case of activities referred for LESA, a dedicated form has been provided for recoding and documenting its findings and recommendations.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

8

• The annual performance assessments, which have been mooted to determine the eligibility of LSGs for award of untied performance grants will include ‘Performance with respect to ESMF implementation’ as an important component.

• Monitoring of environmental and social performance will be undertaken through

two Technical and Service Delivery evaluations conducted by an independent specialized agency. The first evaluation will be undertaken along with the mid-term review of the project and the second, along with the final project evaluation. The evaluations will be conducted on a selected sample of LSGIs and will focus on effectiveness of ESMF implementation, effectiveness of compliance to mitigation measures and extent of avoided harm to E&S aspects.

• The Capacity Building Plan details out the kind of trainings to be imparted to

various functionaries and officials to enable smooth implementation of the ESMF. The trainings will be conducted by KILA under Component 2 of the project.

• A Social Development Framework relating to land acquisition has been

developed. A Vulnerable Groups Development Framework has also been similarly developed. The ESMF includes clear guidelines to be followed in case of land acquisition.

• An indicative budget has been provided that gives allocations for successful

implementation of the ESMF. • The Environmental Assessment Report of KLGSDP was prepared and validated

after proper consultations by Government prior to the rolling out of the Project

and the document has been published in the LSGD website and KLGSDP website

for use by Local Body functionaries. In compliance with the Project

Development Objective and implementation policy, ESMF was made an integral

and mandatory part of KLGSDP and had been implemented in all Subprojects

under Performance Grant during the Project cycle.

• ESMF made applicable in all stages of Performance Grant plan process –

formulation, approval, implementation & post-implementation. The integration

and implementation of ESMF has been strictly coordinated, monitored and

evaluated for its compliance by KLGSDP during the completed project period.

For the integration and compliance of ESMF, envisaged Capacity Building

Trainings have been conducted by KLGSDP and tool kits developed for the

integration of KLGSDP in plan process have been evaluated and ensured with

the plan softwares of IKM. Regular monitoring and Technical evaluations have

been carried out by KLGSDP for the compliance verification and due diligence

of ESMF on a regular basis as per the Project mandate.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

9

• The ESMF will apply to the works / activities taken up under the Block Grant component of the project. However in the future, the Local Self Government Department of the Government of Kerala could consider the option to apply it to all activities taken up by the LSG institutions irrespective of the source of funds.

• On the basis of ESMF implementation experience at grass root level and also

based on the findings of Environmental Audit carried out by KLGSDP during its

Mid Term Evaluation, it has been observed that, for the due diligent

compliance of ESMF, certain revisions/modifications are required in the existing

ESMF document.

• A series of Consultation Workshops have been carried out by KLGSDP

participating Subject Experts in the field, World Bank Representatives, LB

Elected Representatives and LB Implementing Officers. The outcomes of the

consultation workshops were consolidated and integrated appropriately in the

ESMF document and shared to World Bank for clearance.

• This exercise has been carried out based on the long term vision of the Project

that, in future, ESMF is to be mandatorily applied to all the Subprojects to be

taken up by LBs irrespective of funding source.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

[Type text] Page 9

CCChhhaaapppttteeerrr 111

IIInnntttrrroooddduuuccctttiiiooonnn

erala embarked on a trajectory of rapid decentralization since October 1995. The State

has moved ahead at good pace by transferring not only functions and responsibilities but

also the authority to three tier Local Governments for carrying them out along with

resources, both human and financial. The decentralization and strengthening of Local

Governments has very high potential for achieving effective and efficient governance,

especially in delivering minimum needs, public services and poverty alleviation. As the

decentralization movement in Kerala enters into its second decade, the GoK is keen to move

forward on the next phase of institutionalizing local self-governments. The Kerala Local

Government and Service Delivery Project (KLGSP) has been mooted by the Government of

Kerala with the basic objective of strengthening local government finances, administrative and

management systems and quality of service delivery of local governments. It is seeking to

partner with the World Bank in its endeavour to launch and implement this project. This report

pertains to the Environmental and Social Assessment (ESA) of this proposed project, which is a

mandatory condition for any World Bank funding.

111...111 DDDeeeccceeennntttrrraaallliiizzzaaatttiiiooonnn iiinnn KKKeeerrraaalllaaa

The Kerala Panchayat Raj Act, was brought into effect in 1994. This Act was basically a

mixture of the provisions of the old Kerala Panchayat Act and the provisions of the

Constitution. The significant feature was the provision that the Government shall, after the

commencement of the Act, transfer to PRIs all institutions, schemes, buildings and other

properties connected with the subjects listed in the respective schedules dealing with these

functions. A detailed account of Kerala’s decentralization is given in Annexure I.

The first elections to the three-tier Panchayat Raj set up were held in September 1995 and the

Panchayats came into being on the 2nd of October. A significant event was the issue of a

comprehensive government order in September 1995, transferring various institutions and staff

to the three tier PRIs. Another noteworthy event was the budget of 1996 which had a separate

document known, which detailed the grants-in-aid, and the schemes transferred to the local

bodies. Thus, the allocation for the local bodies was seen as an independent subset of the

State Budget giving it the stamp of legislative approval and protecting it from the vagaries of

executive decision-making. The Government, on 17th of August, 1996, launched the People's

Planning Campaign spearheaded by the State Planning Board in partnership with the

Department of Local Administration (now appropriately renamed as the Department of Local

Self Government), with the full association of political parties, non-government organizations,

professionals and elected members. This was to harness public action for participatory

planning at the grass roots level and to create a favourable environment for genuine

decentralisation and powerful demand for radical reform in the legislative, administrative and

developmental systems. It helped to formalize and institutionalise the paradigm shift to a

people-centered, bottom-up approach to planning and development giving a direct and

KK

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

10

continuing role to the people. Simultaneously the Committee on Decentralization of Powers

under the late Dr. S. B. Sen, laid down clear and coherent first principles and recommended

basic restructuring of laws of local government. These recommendations were incorporated

into the Kerala Panchayat Raj Act in February 1999, providing the legal foundation for healthy

and accountable institutions, the local governments.

1.1.1 Features of Panchayati Raj in Kerala

There are certain peculiar Socio-political features with respect to the Panchayati Raj in

Kerala.

� Large size of the Grama Panchayats (999 Nos) providing the natural “right size” for several

development services, especially viable service areas for PHCs, Veterinary Hospitals, Krishi

Bhavans and so on.

� Large size limiting the direct participation by people only at the ward level, i.e., the

constituency of a Grama Panchayat Member.

� Difficulty of earmarking exclusive functions for Block Panchayats (152 Nos.) which they

alone can perform better than others due to the large Grama Panchayats and relatively

compact Districts (14 Nos).

� Rural-urban continuum, existing in the settlement pattern in Kerala.

� Influence of the political milieu, leading to elections on party basis and polarization in the

political composition of local governments. This had led to the policy decision to treat PRIs

as non-hierarchical, i.e., the District Panchayat has no control over Block or Village

Panchayats.

Decentralization in Kerala is marked by a rare clarity of vision about the nature of local

governments and the process of empowering them. This vision is best captured in the words of

the Committee on Decentralization of Powers:

“Local Self-Government (LSG) is essentially the empowerment of the people by giving them

not only the voice, but the power of choice as well in order to shape the development which

they feel is appropriate to their situation. It implies maximum decentralization of powers to

enable the elected bodies to function as autonomous units with adequate power, authority and

resources to discharge the basic responsibility of bringing about "economic development and

social justice". It is not enough to formally transfer powers and responsibilities to the Local

Self Government Institutions (LSGIs). They have to be vested with the authority to exercise

them fully, which requires concordant changes not only in the appropriate rules, manuals,

government orders and circulars governing development administration, but also in the

conventions, practices and even, the value premises of the governmental agencies. De-

centralization does not mean just de-concentration where a subordinate is allowed to act on

behalf of the superior without any real transfer of authority, or delegation where powers are

formally conferred on a subordinate without any real transfer or authority. It implies

devolution where real power and authority are transferred to enable autonomous functioning

with the defined areas.

11

1.1.2 Empowering of Local Governments

The transfer of functions and powers to the LSGIs and their exercise by them are governed by

the following basic principles:

i. Autonomy, basically functional, financial and administrative autonomy

ii. Subsidiarity, transferring functions and powers from the level of the Grama Sabhas and

Wards Committees and go to the higher level up to the Union Government.

iii. Role clarity, calling for clear perception of role in the developmental process with

unity of vision and diversity of means.

iv. Complimentarity, related to the principle of role-clarity, consistent with local needs

and priorities and convergence into an integrated local plan.

v. Uniformity, implying the norms and criteria for selection of beneficiaries and sites or

prioritization of activities and pattern of assistance within a given LSGI

vi. People's participation, involving the people fully by empowering them to take their own

decisions after analyzing the situation.

vii. Accountability, to the people within their jurisdiction and in certain respects, to the

whole nation to be ensured through social audit of the performance of the LSGIs and

objective audit both concurrent and post-facto.

viii. Transparency, ensuring decisions based on norms and criteria evolved on the basis of

social consensus and rationale of the decision

1.1.3 Objectives of Decentralisation

The following objectives are for decentralization in Kerala.

1. To improve the quality of investment by allocating resources for priorities fixed by the

local people.

2. To facilitate emergence of local solutions to developmental problems through improved

planning, better implementation, use of traditional knowledge and appropriate technology.

3. To exploit local production possibilities.

4. To enable people's participation leading to better vigil in execution of schemes followed up

with better upkeep of assets.

5. To provide the enabling environment for people to make contributions in kind and cash for

development programmes identified by them for priority action.

6. To bring about a convergence of resources and services to tackle development problems

with greater vigour.

7. To unleash public action resulting in a demand led improvement in the delivery of

developmental and welfare services.

1.1.4 Institutions of Local Government

The Kerala Panchayat Raj Act particularly through the amendments brought about in 1999 has

several innovative features laying a strong legal foundation for building up strong local self

government institutions. The salient features are described below:

� Grama Sabha, equated with the electoral constituency of a Village Panchayat Member, as

all the electors of the Ward are members of the Grama Sabha.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

12

� Standing Committee System, every elected Member of the Local Government gets a chance

to function in one Standing Committee or the other.

� Control by Government, limiting to general guidelines and intervention only through a

process and in consultation with the Ombudsman or Appellate Tribunal

� Setting up of independent institutions, to reduce governmental control and foster the

concept of self government such as

• The State Election Commission.

• The Finance Commission.

• Ombudsman for Local Governments

• Appellate Tribunals

• Audit Commission

• State Development Council

The powers and responsibilities of the Grama Sabha as defined in the Act are given in Annexure

II.

1.1.5 Decentralised planning Process

The decentralised local level planning has been used as the engine for harnessing public action

in favour of decentralisation. In order to shake the system and force the process, a campaign

approach has been followed. This campaign has succeeded in setting the agenda for

decentralised development. The salient features of the campaign methodology are described

in Annexure III, stage by stage.

1.1.6 Finances of PRIs

The first State Finance Commission, constituted in May 1994, analysed the resource

mobilisation aspect in local governments and suggested fundamental changes to ensure

rationalisation and control tax evasion. Though the Finance Commission recommended one per

cent of the net revenue of the State to be devolved to local governments, the Government

went far beyond and decided to devolve 35 to 40% of the Plan Funds to local governments

Only the Grama Panchayats and Municipalities are given the power of taxation. The

establishment cost of Block and District Panchayats are met by a non-plan grant-in-aid from

Government. The major taxes levied by Village Panchayats are Property Tax, Profession Tax,

Entertainment Tax and Advertisement Tax, the last one practically not exploited. The assigned

taxes by the State Government consist of Land Revenue and Surcharge on Stamp Duty and the

shared tax is the Motor Vehicle Tax. The Kerala Panchayat Raj Act provides for levy of user

charges and also availing of institutional finance by Panchayat Raj Institutions.

1.1.7 Performance Assessment

Decentralization has had several positive spin-offs. They are summarized below:

1. The formula based devolution of funds has ensured that funds have flowed to every nook

and corner of the State including the hitherto outlying and backward areas, facilitating

public investment.

2. The cornerstone of Kerala’s decentralization has been people’s participation. The

processes have been designed to facilitate intervention by the interested citizen at all

13

stages of the development process right from generation of developmental ideas through

project planning, project implementation, up to monitoring.

3. Decentralization has resulted in better targeting especially in the case of individual

benefits by insisting on a due process in the selection of beneficiaries. The quality of

identification has certainly improved.

4. Decentralization has opened up opportunities for wide ranging reforms. Already right to

information, prescription of dire process in giving of benefits, outsourcing of technical

services, community management of assets and simplification of procedures have taken

place. More reforms in the form of independent regulatory institutions, improved

management systems both financial and administrative, enhanced accountability

mechanisms etc., are in the offing.

5. Evolved an organic relationship between transferred departments and local governments

and bring in role clarity.

6. Launched a comprehensive capacity building programme going beyond plan formulation

and implementation and stressing management, governance and long term development

issues

7. In development matters local governments have significant achievements. The important

ones are:

• As is evident from the performance, local governments have done well in provision of

minimum needs infrastructure both to households as well as to communities. This is

particularly true of housing, sanitation, water supply, infrastructure of hospitals and

schools and connectivity.

• The introduction of the mandatory Women Component Plan has been a path breaker.

Local governments have gradually matured in their planning for gender sensitive

schemes. Earmarking of 10% of the plan outlay for women has helped considerably the

disadvantaged groups among women like widows, and has improved the provision of

services which are of direct benefit to women. The local governments have to be

further guided to improve the quality of planning to engender it fully.

• Local government plans have shown a strong anti-poverty bias. More funds have flown

to families below poverty line through local governments than would normally have

been.

• Local governments have evolved good models in water supply, improvement of quality

of education, improving agriculture productivity, etc. They have generally shown a

preference for affordable technologies and appropriate solutions. There have been

some positive steps in areas like integrated natural resource management

Certain innovations have been introduced in the planning methodology to make it more

participatory and quality oriented. They include, preparation of a Vision document by a

Working Group consisting of Experts drawn from among elected members, practitioners,

officials, academicians and activists. The functions of this Working Group are:

o Analysis of the development sector(s)/area(s) assigned to it.

o Evaluation of the performance during the last five years.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

14

o Identification of existing problems, gaps, needs, possibilities.

o Generation of a shared vision on the development of the sector(s)/area(s)

o Suggesting an action plan to realize the vision with priorities and reasons for the

priority.

o Preparation of draft projects to implement the action plan.

o Identification of spillover projects.

o Updation of development reports.

o Monitoring of projects every quarter.

o Any other task assigned by the DPC or local government

111...222 EEEnnnvvviiirrrooonnnmmmeeennnttt rrreeelllaaattteeeddd FFFuuunnnccctttiiiooonnnsss aaannnddd RRReeessspppooonnnsssiiibbbiiillliiitttiiieeesss ooofff LLLooocccaaalll

GGGooovvveeerrrnnnmmmeeennntttsss

Conservation and protection of the environment have been an inseparable part of Indian

heritage and culture. Realizing its importance, necessary amendments have been made in the

Indian Constitution from time to time. The incorporation of the Part IX and IX A in the

Constitution of India, made through 73rd and 74th Amendment in 1992, enabled the Grama

Panchayats and Municipalities to perform functions related to environmental management.

Therefore, the Grama Panchayats are assigned with functions as much as 29 subjects, in the

Eleventh Schedule of the Constitution. Among the 29 subjects, the following are related to

environment management.

1. Agriculture including agriculture extension.

2. Land improvement, implementation of land reforms, land consolidation and soil

conservation.

3. Minor irrigation, water management and watershed development.

6. Social forestry and farm forestry

11. Drinking water

15. Non-conventional energy sources

23. Health and sanitation, including hospitals, primary health centers and dispensaries.

Addition of part IX A through amendment in the Indian Constitution, the following subjects

related to environment management in the 12th schedule of the Constitution have also been

added as functions of Municipalities.

1. Urban planning including town planning

2. Regulation of land-use and construction of buildings

3. Water supply for domestic, industrial and commercial and solid waste management.

4. Public health, sanitation conservancy and solid waste management.

5. Urban forestry, protection of the environment and promotion of ecological aspects.

7. Provision of urban amenities and facilities such as parks, gardens, playgrounds.

9. Regulation of slaughterhouse and tanners

Therefore, the Local Governments have significant role in environment management.

15

The level of awareness regarding environmental issues is high in Kerala and therefore,

Government of Kerala could undertake several programs and initiatives having linkage to

environmental management and sustainable development. For example:

• The Panchayat Level Resource Mapping Programme, as a tool for environmental appraisal

of resources and natural resource based planning at the village level and for realizing the

goal of spatial planning.

• The state wide campaign of preparing Watershed based Development Master Plan at the

Block Panchayat Level (1990, 1998), as a tool for institutionalizing decentralized planning

based on geohydrological unit.

• The Kerala Total Sanitation and Health Mission (1999) for coordinating sanitation campaign

in the state leading to almost 97% of the villages achieving Open Defecation Free status, a

success story of the Total Sanitation Campaign of Government of India.

• The Clean Kerala Mission (2003) for enabling the urban and rural local bodies to establish

integrated municipal solid waste management system.

• The Suchitwa (Sanitation) Mission (2003) for proving advisory support to the state

government and handholding support to the local governments in the form of enabler in all

respects (capacity building, project formulation, regulatory advice, top-up grant,

technology provider etc) for achieving improved output in all sanitation components and

sustainable outcome in the health and environmental aspects.

Though many of the known functions and activities, normally undertaken by the PRI

institutions as part of their routine business, are examined implicitly for their likely impact on

environment, there are no concrete or physically well defined procedure for explicit

assessment.

111...333 NNNaaatttuuurrraaalll RRReeesssooouuurrrccceeesss MMMaaannnaaagggeeemmmeeennnttt aaannnddd LLLooocccaaalll GGGooovvveeerrrnnnmmmeeennntttsss

Natural Resources like land, water and biomass are fundamental factors that have a bearing

on the livelihoods of the rural poor. Attempts by Local Governments to integrated natural

resource management began in the Ninth Plan with the initiative for Block level Watershed

Master Plan preparation. With the introduction of NREGA, Local Governments have embarked

upon a trajectory of community based integrated natural resource management. The focus of

the works permitted by the Act is on development of natural resources particularly land, water

and biomass that would help in addressing drought, deforestation and soil erosion. A large

majority of NREGA workers reside in areas where protective and restorative measures are

urgently needed. The complementarity of NREGA would provide the much needed fillip to

watershed development programmes of Local Governments.

Government of Kerala have decided that core objectives of the People’s Plan component of

Eleventh Plan would be revitalization of agriculture and promotion of local economic

development along with improvement of public services with focus on the poor. The

methodology aims at improving the quality of planning and preparing District Plans, with

enhanced participation of the people and support of professionals. The core of the new

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

16

methodology would be preparation of integrated Watershed Management plans, following the

principles of iterative, multilevel planning, with local watershed plans being prepared with a

full understanding of the River Basin issues and being organically merged to form a River Basin

Management plan. This process will be highly participatory, involving agricultural workers,

farmers, all those dependant on natural resources and farm produce for their livelihood, and

officials, professionals and activists concerned. The outputs would be implementable action

plans for increasing production and productivity in agriculture and other allied sectors. The

outcomes are expected to be progressive restoration of water- land- biomass balance and

improved livelihood opportunities based on sustainable natural resources management. In

order to make this happen conservation activities like afforestation, biomass development,

soil and water conservation, water resource development and promotion of sustainable income

generation activities would have to be attempted through community based organizations,

ensuring micro watershed based governance of resources.

One of the objectives of decentralisation is to increase public participation in decision making.

Public participation coupled with locally accountable people’s representatives will increase

efficiency and equity in the use of natural resources. Sustainable systems of natural resource

management would require community participation in the planning and implementation of

natural resource development programmes and the management of these resources. This

would be critical to build ownership and participation of the local community in the whole

process. Local Governments are ideally placed to bring about this transformation in the local

development paradigm.

Experience of decentralization shows that it is easier to sensitize Local Governments to the

subtle links that exist between natural resources within a natural boundary called watershed.

Local Governments have greater potential than line departments to push integrated natural

resource management approach because of their effectiveness in:

a) Empowering stakeholders

b) Resolving conflicting interests of stakeholders

c) Fostering adaptive management capacity

d) Adopting inter-disciplinary solutions to developmental issues

e) People’s participation

The Local Governments have specific role, especially in the areas of sustainable management

of resources, land use, conservation of water, waste management, health and sanitation and

environment protection. At present the Local Governments are in general utilizing the

expertise and services available in various state Govt. agencies for the delivery of those

functioning. The Local Governments have been so far successful in addressing some specific

areas of environment management like solid waste management, slaughter house, public

health and sanitation including managing of hospitals, using their own resources or mobilizing

external support. Only very limited service are being rendered by Local Governments in the

areas of water conservation and environmental protection. Strengthening of activities in the

areas of land use, agriculture and social forestry, drinking water etc. is also crucial.

17

Local Governments can play significant role in conserving natural resources, maintaining micro

environment prevailing in the area, conservation of water bodies, rain water harvesting etc.

The Local Governments can play a role by coordinating the services / activities of relevant

State Government agencies and ensure a holistic approach for protection of environment. Also

the three tier system of Local Governments can be used effectively for bringing in a regional

perspective in the planning process, especially in issues related to natural resource

management and watershed management. Local Governments thus should play a more

proactive role in bringing in sectoral and regional convergence in development interventions.

111...444 EEEnnnvvviiirrrooonnnmmmeeennntttaaalll CCCaaapppaaaccciiitttyyy BBBuuuiiillldddiiinnnggg ooofff LLLooocccaaalll GGGooovvveeerrrnnnmmmeeennntttsss iiinnn KKKeeerrraaalllaaa ---

PPPrrreeevvviiiooouuusss AAAtttttteeemmmppptttsss

Democratic decentralization and participatory planning initiated in Kerala during the last one

and a half decade has been made significant efforts to bring the issue of natural resource and

environment management in the development politics of the state. The People’s Planning

Campaign realized the importance of natural resources and environment management for

sustainable development of the state and for strengthening the primary production sectors and

promoting livelihood of the poor and the deprived sections of the society. In order to facilitate

this, massive efforts was taken for capacity building of different local government

functionaries. The training programmes for local plan formulation included:

• Need Identification Phase (Grama Sabha)

• Prioritization Phase (Development Seminar)

• Projectization Phase (Working Groups)

• Plan Formulation Phase (Elected Council)

• Plan Appraisal Phase (Technical Advisory Group)

• Plan Approval Phase (District Planning Committee)

Natural resource and environment management and sustainable development was one of the

topics in the generic training module on local plan formulation for all the stakeholders of local

governance. In the designing and implementing the training module on natural resources and

environment the support of the state level scientific, environment and training institutions

like, the Centre of Earth Science Studies ( CESS), Centre for Water Resources Development

and Management ( CWRDM )Kerala Agriculture University ( KAU), State Institute of Rural

Development (SIRD) and institutions managed by NGOs like, Integrated Rural Technology

Centre ( IRTC), Peerumedu Development Society(PDS), Malanadu Development Society ( MDS)

have been utilized by the State Planning Board.

As a result of the massive capacity building exercise during the People’s Plan Campaign,

massive awareness to the different functionaries of local governments was created in the

following subject areas:

• Sustainable Development and Environment Management

• Agriculture Development and Enhancing Food Production

• Sanitation and Solid Waste Management

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

18

• Sanitation and Water Management

• Watershed Development and Strengthening Rural Livelihood

• Environment Impact Assessment and Formulation of Development Projects

In order to bring in more focus on the issue of natural resources and environment management

in development planning and to engage the community in the local level planning and

implementation of local plans with implicit objective of sustainable development, new

initiatives for capacity building was made by the state Planning Board during the close of the

Ninth Plan period. Efforts have been made for organizing special Grama Sabhas for discussing

issues related to watershed development and natural resource management. Local

governments prepared baseline documents and discussion notes on issues related to watershed

management and presented in Grama Sabha meetings. Grama Sabha meetings attended by

common people delineated micro watersheds and discussed, in detail, the issues related to

depletion of natural resources and management of environment.

Specific training programmes have been designed and implemented for the Block Level

Watershed Committee members and the elected representatives and officers of different line

departments transferred to local governments. This was to develop master plan for watershed

based development by the Block Panchayats with a regional development perspective. The

core subject areas of the training programme were:

• Basic concept of watershed development and natural resource management

• Identification and delineation of micro watersheds

• PRA Techniques for assessing the watershed development and natural resources

management issues

• Preparation of Baseline report on natural resources and environment

• Preparation of Watershed Status Report: Structure and Methodology

During the Tenth Plan period, efforts have been made for institutionalizing the capacity

building interventions. In order to facilitate this, appropriate manuals and guidelines have

been prepared on various aspects of natural resources management, environmental

assessment, sanitation etc as part of the Decentralization Support Programme (DSP). Efforts

have also been made by the Government of Kerala to forge linkages between scientific

institutions and local governments for improved capacity building and handholding support.

The important constraints and limitations of the capacity building efforts for natural resources

and environment for local governments during the Ninth and Tenth Plan period are listed

below:

• Lack of policy and legal framework for intervention of local government in natural

resources and environment management

• Capacity gaps of elected representatives and officials of local governments was not

scientifically assessed and training was not properly designed

• Scope and importance of sustainable development was not explicitly incorporated in the

training modules

19

• No separate working group at the local level for watershed development and natural

resources management

• Lack of comprehension on the concept and methodology of integration of different

development sectors with an overall objective of sustainable development

• Lack of capacity of the plan appraisal team to assess the environmental impact of different

development projects and effective tools and techniques for doing environmental

assessment

• Inadequacy of appropriate Environmental Management Framework.

111...555 KKKeeerrraaalllaaa LLLooocccaaalll GGGooovvveeerrrnnnmmmeeennnttt aaannnddd SSSeeerrrvvviiiccceee DDDeeellliiivvveeerrryyy PPPrrrooojjjeeecccttt (((KKKLLLGGGSSSPPP))) –––

aaannn OOOvvveeerrrvvviiieeewww

The objective of this project is to enhance and strengthen the institutional capacities of local

governments in Kerala to deliver services and undertake their basic administrative and

governance functions effectively. Direct beneficiaries of the project will be the 978 GPs and

60 Municipalities in the State of Kerala. Investments made by the GPs and Municipalities will

indirectly benefit the entire population (29.5 million) of the State of Kerala.

The project will have four components with an estimated cost of US$338.4 million. A brief

description of the project components is described below.

Component 1: Performance Grants. This component will phase in an annual, performance-

based grant to all GPs and Municipalities in Kerala. The grant will be spent on both the

creation and maintenance of capital assets used in service delivery. The overall goal is to

improve GP and municipal performance in local governance and public service delivery.

Allocation of this grant to the local government will be based on performance which will be

determined through an Annual Performance Assessment exercise taken up under the project.

Component 2: Capacity Building. This component will provide capacity building inputs to

strengthen and supplement the existing systems and human resource of municipalities and GPs

to enhance their institutional performance. The focus will be in four core areas:

(i) Development and improvement of administrative systems used by LSGs;

(ii) Strengthening of capacities of LSGs personnel using these systems;

(iii) Mentoring directed at human resource capacity improvement and supplementation; and

(iv) Strengthening of the overall institutional capacities of the key organizations responsible for delivering LSG training in Kerala.

Component 3: Enhancing State Monitoring of the Local Government System. This component

will provide support to strengthen the system of performance monitoring of GPs and

municipalities in Kerala. This component will comprise four sub-components:

a. Establishment of a database of GP and municipal information.

b. LSG Service Delivery Survey.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

20

c. Project Evaluations.

d. Establishment of a Decentralization Analysis Cell (DAC).

Component 4: Project Management: This component will provide support to the Project

Management Unit (PMU) within the LSGD in overall coordination, implementation, monitoring

and evaluation of the project.

111...666 CCCooonnnttteeexxxttt ooofff ttthhheee EEESSSAAA

The project has been classified under category B as per World Bank norms. This mandates the

preparation of an Environmental and Social Management Framework (ESMF) as a necessary

procedural requirement for project appraisal and adherence / compliance to the ESMF during

project implementation, a vital performance criterion.

Incidentally, the incorporation of the Part IX and IX A in the Constitution of India, made

through 73rd and 74th Amendment in 1992, has also integrated ample provisions entrusting the

Grama Panchayats and Municipalities to perform functions related to E&S management.

Sustainable systems of natural resource management would require community participation in

the planning and implementation of natural resource development programmes and the

management of these resources. Local Governments are ideally placed to bring about this

transformation in the local development paradigm. Even in this context, the ESMF will be a

suitably relevant tool placed in the hands of local governments as it will empower them to

manage E&S issues arising out of their own decisions and plans.

Given the inherent nature of the project goals, there are no concrete or physically well

defined interventions proposed, which could be examined or assessed for likely environmental

and social (E&S) impacts in order to develop an ESMF. However, many of the known functions

and activities normally undertaken by the PRIs as a matter of routine can be examined.

The ESA and ESMF developed for this project shall have the following components:

• An in-depth understanding of the functioning of the local government including

functions, authority, roles and responsibilities at various levels.

• A detailed study and analysis of the existing State and Central legislation pertaining to

activities and functions assigned to local governments;

• An ESMF that identifies / recognizes possible E&S impacts of typical local government

functions or interventions, recognizes the likely impacts and enables the users to take

decisions that appropriately mitigate the same.

• An Institutional Plan that specifies roles and responsibilities various players along the

LSG hierarchy have to perform / bear with respect to grant of E&S approval to any

proposed LSG activity.

21

• A Capacity Building Plan that strives to build the capacity of different stakeholders to

mainstream E&S compliance in their day-to-day functioning.

• An appropriate monitoring mechanism to track the implementation of the EMF.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

22

CCChhhaaapppttteeerrr 222

PPPooollliiicccyyy,,, LLLeeegggiiissslllaaatttiiiooonnn aaannnddd RRReeeggguuulllaaatttiiiooonnn 222...111... IIInnntttrrroooddduuuccctttiiiooonnn

he indiscriminate development in the State has led to various environmental issues;

some of them are irreversible and catastrophic. These issue are linked to the present

status/ use of natural resources such as land, water, air, flora, fauna etc., the drivers of

environmental degradation such as population growth, inappropriate technology, consumption

choices, poverty etc and undesirable impacts from intensive agriculture, improper landuse,

indiscriminate mining, polluting industries, and unplanned urbanization. Over the years, it has

changed the intrinsic relationship between people and ecosystems and caused drastic

environmental degradation. The introduction of the Kerala Panchayat Raj Act 1994 and the

Kerala Municipalities Act 1994 enables the Local Governments (LG) to have vast powers in all

the matters in their jurisdiction including environment protection/ conservation. These Acts

contain provisions for the prevention and control of pollution, elimination of nuisance and

environmental protection and conservation. Apart from these, the Government of Kerala and

the Government of India enacted a number of comprehensive laws, rules and regulations and

issued guidelines and circulars pertaining to environmental protection which also cast various

duties and responsibilities on the LGs. Thus, LGs have a major role in the environmental

upkeep of the State. The salient aspects of the policy, legislation and regulation and

programmes of Government of India and Government of Kerala are compiled and reviewed

here.

222...222... GGGooovvveeerrrnnnmmmeeennnttt ooofff IIInnndddiiiaaa::: PPPooollliiicccyyy,,, LLLeeegggiiissslllaaatttiiiooonnn aaannnddd RRReeeggguuulllaaatttiiiooonnn

Conservation, protection and preservation of environment have been the cornerstone of the

Indian ethos, culture and traditions. It has been enshrined in our Constitution also. India is one

of the first in the world to recognize the importance of environmental conservation. The Indian

constitution enjoins the “States to take measures to protect and improve the environment and

to safeguard the forests and wildlife of the country”. It also makes it a “fundamental duty of

every citizen to protect and improve the natural environment including forests, lakes, rivers

and wildlife and to have ecological compassion for the living creatures”. Accordingly,

legislation for environmental protection started long back in the country. However, attempts

to make comprehensive laws on environment initiated only after the UN Conference on Human

Environment 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 a

series of legislations, rules, notification and guidelines have been introduced. Some of these

enactments, rules and regulations, confer certain duties and responsibilities directly or

indirectly, on the Local Governments. The following sections attempt a review of these

policies, enactments and government programmes.

TT

Chapter 2 Policy, Legislation and Regulation

95

222...222...111... PPPooollliiiccciiieeesss

2.2.1.1. National Forest Policy 1988

National Forest Policy, 1988 and the subsequent policy documents and approaches to forest

conservation and management, together aim at ensuring environmental stability and

maintenance of ecological balance. Direct economic benefits shall be subservient to the

above. The objectives shall be:

1. Preservation/restoration of critical catchment areas of streams, rivers and other water

bodies.

2. Conservation of natural heritage of local wild biodiversity through preservation of

natural habitats

3. Increase forest and tree cover through identifiable stakeholder groups in private and

public lands.

4. Produce fuel-wood, fodder and small timber requirements of the rural populations

5. Encourage efficient utilization of forest produce for reduction of consumption

6. Minimize pressure on existing forests

The Local Governments (LGs) shall

i. work through identifiable stakeholder groups for bringing about 1⁄3rd of the area under

forest/tree cover in ordinary areas and 2⁄3rd of the area in hilly regions and outside

designated forest areas. The stakeholder groups shall be fully involved in

preservation/creation and protection of natural habitats and the critical catchment

areas mentioned as item 2 above.

ii. support the stakeholder groups in the above activities

iii. support conservation education

iv. not support forest based enterprises except that at village/cottage level unless

availability of raw materials are fully assured but without sacrificing the basic

requirement of the local population. However, LGs can encourage forest based

enterprises to raise required raw-materials (including NTFPs) through public

participation outside forest areas.

v. undertake environment protection and conservation outside forests through peoples

participation at the local level.

vi. establish local level institutions for afforestation of areas outside forests, formulate

rules for the same and undertake afforestation.

vii. encourage private forestry among land owners and

viii. assist stakeholders in utilizing and marketing the products

It is suggested that the following areas may be selected for management outside designated

forest areas:

i. Ecologically fragile areas (Seashore, Inland water bodies and shores, wetlands, water

courses 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 and Social Assessment Report Kerala Local Government Service Delivery Project

24

The Local Governments in Kerala, in

general, are not making use of the

provisions contained in the policy,

even in the forest fringe Panchayats.

However, there are new initiatives

being taken through the convergence

of NREGS and management plans of

Forest Department. The ESMF

proposed will enable the

identification of permissible

activities and encourage conservation

measures

vii. Any other land found suitable by the appropriate authority

The activities will be planned, implemented and the resources will be maintained and

monitored by the institutions created for the purpose, viz.

• Grama Haritha Samithy at Ward Level comprising of stakeholders

• Panchayat Haritha Samithy at Panchayat Level comprising of all Grama Panchayat Ward

Members - Ex-officio

• Block Haritha Samithy at Block Level

• District Level Haritha Co-ordination Committee at District Level chaired by District

Panchayat President

For management in designated forest areas, PFM institutions in forest areas have to support

the Forest Department in protection of forests and their biodiversity. In order to fulfill the

objective 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 of

growth of valuable NTFPs.

• Application of indigenous knowledge of local communities on forests and biodiversity

management.

• Promotion of biodiversity related intellectual property rights and harnessing this

strength 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 forest

areas.

• Reversing localized environmental degradation

such as seasonal water shortage and soil

erosion resulting from deforestation in

watersheds/catchments.

The PFM institutions can undertake Village

Development Programmes (Eco-development

Programmes) keep in view their commitment to the

forests and the biodiversity for which detailed

activities are included in their micro plans. The micro plans look at various aspects of

sustainable resource (forest as well as other resources) mobilization and incorporate activities

for utilizing them for socio-economic and cultural advancement. The LSGs can contribute to

PFM by supporting the PFM institutions for undertaking various activities suggested in the micro

plans. Concerned Grama Panchayat Ward Member is an Ex-officio Member of the Vana

Samrakshana Samitis (VSS)/Eco Development Committee (EDC) s (the PFM institutions in forest

areas)

Chapter 2 Policy, Legislation and Regulation

95

2.2.1.2. National Water Policy 2002

The earlier National Water Policy was adopted in September 1987 and a revised policy has

been adopted by the National Water Resources Council in April 2002. Recognizing water as a

precious national asset, the National Water Policy embodies the Nation’s resolve that planning

and development of water resources should be governed by the national perspective. The

policy recognizes drainage basin as the basic unit of planning for development of water

resources and calls for appropriate measures to optimize utilization of this resource not only

for the benefit of the people living in the basin, but also for transfer of surplus water to meet

the requirements of areas which have shortage of water. The principal elements of the policy

are:-

• Water is a precious national resource and its development should be governed by the

national perspectives;

• The available resources, both surface and ground water, should be made utilizable to the

maximum extent;

• Planning for water resources to be on the basis of the hydrological unit such as a drainage

basin or sub-basin. Appropriate organizations should be established for the planned

development and management of the river basins as a whole;

• Water should be made available to areas where there is a shortage by transfer from other

areas including transfers from one river basin to another, after taking into account the

requirements of the basins ;

• Project planning for development of water resources should, as far as possible, be for

multiple benefits based on an integrated and multidisciplinary approach having regard to

human 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, with

irrigation, hydro-power, industrial and other uses following in that order

• The ground water potential should be periodically reassessed and its exploitation regulated

with reference to recharge possibilities and consideration of social equity;

• Due care should be taken right from the project planning stage to promote conjunctive use

of surface and groundwater;

• Maintenance, modernization and safety of structures should be ensured through proper

organizational arrangements;

• There should be close integration of water use and land use policies and distribution of

water should be with due regard to equity and social justice;

• Efficiency of utilization should be improved in all the diverse uses of water and

conservation consciousness promoted through education, regulation, incentives and

disincentives;

• Water rates should be such as to foster the motivation for economy in water use and should

adequately cover the annual maintenance and operational charges and a part of the fixed

cost;

• 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 prone

basin. In flood control and management, the strategy should be to reduce the intensity of

floods by sound watershed management and provision of adequate flood cushion in water

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

26

Since Kerala has brought out its own Water Policy which brought out state specific priority and action areas in consonance with the regional natural resource scenario, the National policy may not be of direct relevance to the ESMF

storage projects wherever feasible to facilitate better flood management of each flood

prone 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 zones

should be regulated;

• Needs of drought-prone areas should be given priority in the planning of projects for

development of water resources. These areas should be made less vulnerable through soil-

moisture conservation measures, water harvesting practices, the minimization of

evaporation losses, the development of ground water potential and transfer of surface

water from surplus areas where feasible and

appropriate. Pastures, forestry or other modes of

development which are relatively less water

demanding should be encouraged;

• A national information system on water resources

should be established with a net-work of data

banks and data bases integrating and strengthening

the existing Central and State level agencies;

• Training and research efforts should be intensified as an integral part of water resources

development programmes.

The policy highlights overall water resource scenario in the country and suggests the

importance of inter-basin transfer as a mode to achieve broad based equitable water resource

distribution. It provides an overall guidance as to how water resource management can be

achieved though may not be universally adoptable considering the socio-environmental

variations across the country.

2.2.1.3. National Health Policy 2002

The main objective of this policy is to achieve an acceptable standard of good health amongst

the general population of the country. The approach would be to increase access to the

decentralized public health system by establishing new infrastructure in deficient areas, and

by upgrading the infrastructure in the existing institutions. Overriding importance would be

given to ensuring a more equitable access to health services across the social and geographical

expanse of the country. Emphasis will be given to increasing the aggregate public health

investment through a substantially increased contribution by the Central Government. It is

expected that this initiative will strengthen the capacity of the public health administration at

the State level to render effective service delivery. The contribution of the private sector in

providing health services would be much enhanced, particularly for the population group which

can afford to pay for services. Primacy will be given to preventive and first-line curative

initiatives at the primary health level through increased sectoral share of allocation. Emphasis

will be laid on rational use of drugs within the allopathic system. Increased access to tried and

tested systems of traditional medicine will be ensured.

This Policy broadly envisages a greater contribution from the Central Budget for the delivery of

Public Health services at the State level. The Policy highlights the expected roles of different

participating groups in the health sector. Further, it recognizes the fact that, despite all that

Chapter 2 Policy, Legislation and Regulation

95

Kerala’s achievements in Pubic health

sector have been remarkable, and

decentralization and involvement of

Local Self governments in public

health sector interventions have so

far been largely positive. The

national policy, as a whole brings in

convergence with the local

governance and hence influences the

ESMF.

may be guaranteed by the Central Government for assisting public health programmes, public

health services would actually need to be delivered by the State administration, NGOs and

other institutions of civil society.

With regard to role of LSGIs in Health Sector, the

policy points out that some States have adopted a

policy of devolving programmes and funds in the

health sector through different levels of the

Panchayati Raj Institutions. Generally, the experience

has been an encouraging one. The adoption of such an

organizational structure has enabled need-based

allocation of resources and closer supervision through

the elected representatives. NHP-2002 lays great

emphasis upon the implementation of public health programmes through local self-government

institutions. The structure of the national disease control programmes will have specific

components for implementation through such entities. The Policy urges all State Governments

to consider decentralizing the implementation of the programmes to such Institutions by 2005.

In order to achieve this, financial incentives, over and above the resources normatively

allocated for disease control programmes, will be provided by the Central Government.

2.2.1.4. National Agricultural Policy 2003

The National Policy on Agriculture seeks to actualize the vast untapped growth potential of

Indian agriculture, strengthen rural infrastructure to support faster agricultural development,

promote value addition, accelerate the growth of agro business, create employment in rural

areas, secure a fair standard of living for the farmers and agricultural workers and their

families, discourage migration to urban areas and face the challenges arising out of economic

liberalization 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 sector

• Growth that is based on efficient use of resources and conserves our soil, water and bio-

diversity;

• 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 from

exports of agricultural products in the face of the challenges arising from economic

liberalization 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 and

production of crops to meet the increasing demand for food generated by unabated

demographic pressures and raw materials for expanding agro-based industries. A major

thrust will be given to development of rain-fed and irrigated horticulture, floriculture,

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

28

The policy provides an overall

framework for planning food security

activities. However, the platform of

actions envisaged in the policy is very

broad. As such it is not very

responsive to local environmental

scenario and hence may not influence

the ESMF.

roots and tubers, plantation crops, aromatic and medicinal plants, bee-keeping and

sericulture, for augmenting food supply, exports and generating employment in the rural

areas. Development of animal husbandry, poultry, dairying and aqua-culture will receive a

high priority in the efforts for diversifying agriculture, increasing animal protein availability

in the food basket and for generating exportable surpluses. An integrated approach to

marine and inland fisheries, designed to promote sustainable aquaculture practices, will be

adopted.

• Generation and transfer of technology: NAP calls for according very high priority to

evolving location specific and economically viable improved varieties of agricultural and

horticultural crops, livestock species and aquaculture. There is added emphasis on

regionalization 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 reasonable

rates to farmers will be the endeavour of the Government.

• Incentive for agriculture: Agricultural policy repeats the policy concerns echoed in the

beginning of green revolution to provide favourable economic environment for promoting

farm investments through (1) removal of distortions in the incentives (2) improvement in

terms 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 rural

development particularly rural connectivity will be stepped up.

• Institutional structure: NAP advocates land reforms by focusing on consolidation of

holdings, redistribution of surplus/waste land among landless, tenancy reforms,

development of lease market and recognition of women’s rights in land. Other areas listed

for policy attention are private sector participation through contract farming, assured

markets for crops especially for oilseeds, cotton and horticultural crops, increased flow of

institutional credit, strengthening and revamping of cooperative credit system. The policy

states that the rural poor will be increasingly involved in the implementation of land

reforms with the help of Panchayati Raj Institutions, Voluntary Groups, Social Activists and

Community Leaders.

• Risk management: Price fluctuation and natural

calamities are recognized as main factor for

imparting instability to condition of farmers. NAP

suggests Agriculture Insurance Scheme covering all

farmers and all crops throughout the country with

built in provision for insulating farmers from

financial distress. Other measures suggested under

this are (1) enhancing flood proofing and drought

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 for

comprehensive reforms in the management of agriculture by the Central and the State

Governments. The Central Government will supplement/complement the State

Governments' efforts through regionally differentiated Work Plans, comprising

Chapter 2 Policy, Legislation and Regulation

95

The policy statement is too generic.

It also fails to address the current

focus on issues of climate change and

global warming and their implications

on production sector. However, it

strengthen the relevance of ESMF as

the regulatory frameworks are mostly

linked to this policy statements

crop/area/target group specific interventions, formulated in an inter-active mode and

implemented in a spirit of partnership with the States.

2.2.1.5. National Environmental Policy 2006

The National Environment Policy is intended to be a guide to action: in regulatory reform,

programmes and projects for environmental conservation; and review and enactment of

legislation, 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, and

international development partners, in harnessing their respective resources and strengths for

environmental management. The dominant theme of this policy is that while conservation of

environmental resources is necessary to secure livelihoods and well-being of all, the most

secure basis for conservation is to ensure that people dependent on particular resources obtain

better 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 ecological

systems and resources, and invaluable natural and man-made heritage, which are essential for

life 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 to

environmental resources and quality for all sections of society, and in particular, to ensure

that poor communities, which are most dependent on environmental resources for their

livelihoods, are assured secure access to these resources.

iii. Inter-generational Equity: To ensure judicious use of environmental resources to meet the

needs and aspirations of the present and future generations.

iv. Integration of Environmental Concerns in Economic and Social Development: To integrate

environmental concerns into policies, plans, programmes, and projects for economic and social

development.

v. Efficiency in Environmental Resource Use: To ensure

efficient use of environmental resources in the sense

of reduction in their use per unit of economic output,

to minimize adverse environmental impacts.

vi. Environmental Governance: To apply the principles

of good governance (transparency, rationality,

accountability, reduction in time and costs,

participation, and regulatory independence) to the

management and regulation of use of environmental resources.

vii. Enhancement of Resources for Environmental Conservation: To ensure higher resource

flows, comprising finance, technology, management skills, traditional knowledge, and social

capital, for environmental conservation through mutually beneficial multi-stakeholder

partnerships between local communities, public agencies, the academic and research

community, investors, and multilateral and bilateral development partners.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

30

2.2.1.6. National Urban Housing and Habitat Policy 2007

This policy intends to promote sustainable development of habitat in the country with a view

to ensuring equitable supply of land, shelter and services at affordable prices to all sections of

society. Given the magnitude of the housing shortage and budgetary constraints of both the

Central and State Governments, it is amply clear that Public Sector efforts will not suffice in

fulfilling the housing demand. In view of this scenario, the National Urban Housing and Habitat

Policy, 2007 focuses the spotlight on multiple stake-holders namely, the Private Sector,

Cooperative Sector and Industrial Sector for labour housing and the Services/Institutional

Sector for employee housing. In this manner, the Policy seeks to promote various types of

public-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 Regional

Planning as brought out in the 74th Amendment Act in terms of preparation of District Plans by

District Planning Committees (DPCs) and Metropolitan Plans by Metropolitan Planning

Committees (MPCs) as a vital determinant of systematic urban planning. The policy seeks to

promote a symbiotic development of rural and urban areas. In this regard, the policy seeks to

ensure refinement of Town and Country Planning Acts (wherever required) and their effective

implementation.

The focus areas of the policy are:

• Provision of “Affordable Housing For All” with special emphasis on vulnerable sections of

society such as Scheduled Castes/Scheduled Tribes, Backward Classes, Minorities and the

urban poor.

• The substantive gap between demand and supply both for housing and basic services. The

policy seeks to assist the poorest of poor who cannot afford to pay the entire price of a

house by providing them access to reasonably good housing on rental and ownership basis

with suitable subsidization. The policy seeks to enhance the supply of houses especially for

the disadvantaged, duly supplemented by basic services.

• To develop innovative financial instruments like development of Mortgage Backed

Securitization Market (RMBS) and Secondary Mortgage Market. It also seeks to attract

Foreign Direct Investment (FDI) in areas like integrated development of housing and new

township 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-laws

that 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 vulnerable

sections of society.

• To promote development of cost-effective, quality approved building materials and

technologies with a view to bringing down the cost of EWS/LIG houses.

• To complement poverty alleviation and employment generation programmes for achieving

the 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.

Chapter 2 Policy, Legislation and Regulation

95

The ESMF proposed for the project

will enable the achievement of one of

the important objectives of the

project such as ‘Devising adequate

safeguards for promoting a healthy

environment with special emphasis on

‘green lungs’ of the city in terms of

parks, botanical gardens and social

forestry as well as green belts around

cities/towns’.

• To accelerate the development of small and medium towns which can serve as a generator

of economic momentum with the objective of reducing the rate of migration to large

cities.

• The special emphasis on the development of North-Eastern States on account of the fragile

ecology of the North-Eastern Region as well as the need to accelerate the pace of its socio-

economic progress. 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 in

consultation with all stakeholders:

• Create a Supportive Environment

i) Develop capacity building at the local level to design and take up inner-city development

scheme, in-situ slum upgradation projects and slum relocation projects through suitable

training programme.

ii) Implement Central and State sector schemes pertaining to housing and infrastructure sector

at the city level with appropriate provision for EWS and LIG beneficiaries in the Master Plan as

well 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 Planning

v) Ensure that Development Plans/Master Plans as well as Zonal Plans and Local Area Plans are

made and updated regularly so that adequate provision is made for the homeless as well as

slum dwellers.

vi)Prepare Master Plan and Metropolitan Plans in consonance with the concerned District Plan

and the State Regional Plan.

vii) Identify city specific housing shortages and prepare city level Urban Housing & Habitat

Action Plans for time bound implementation. Wherever necessary and feasible, ULBs as well as

other parastatal would provide viability gap funding especially for EWS/LIG housing and

supporting infrastructure so as to ensure better affordability by the poor and financial viability

of slum upgradation projects.

viii) Promote planning and development of industrial

estates along with appropriate labour housing colonies

serviced by necessary basic services.

ix) Incorporate provisions of model building bye-laws

prepared by Town & Country Planning Organization

(TCPO) and National Building Code in their respective

building bye-laws. Make suitable provisions in the

Building Bye-laws for innovative energy conservation

practices and mandatory rain water harvesting for

specified owners of buildings.

x) Devise capacity building programmes at the local level.

• Promote Public-Private Partnerships

xi) Promote participatory planning and funding based on potential of local level stakeholders.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

32

xii) Develop suitable models for private sector’s assembly of land and its development for

housing in accordance with the Master Plan.

xiii) Promote Residents’ Welfare Associations (RWAs) for specified operation and maintenance

of services within the boundaries of given colonies as well as utilize their assistance in

developing an early warning system relating to encroachments.

xiv) Involve RWAs/CBOs in collaboration with conservancy organizations at the local level for

effective cleaning of streets/lanes and solid waste disposal at the colony level.

• Take up Special Programmes for Disadvantaged Sections

xv) Devise innovative housing programmes for meeting the housing shortage with special focus

on vulnerable groups.

• Ensure Security & Safety

xvi) Ensure Safety & Security in residential and institutional areas which may include

construction of boundary walls around housing colonies as well as installation of security

systems.

2.2.1.7. National Urban Sanitation Policy, 2008

The National Urban Sanitation Policy announced by the Ministry of Urban Development,

Government of India on 12 November 2008 was a land mark policy statement, incorporating

important goals and strategies, including:

• All the cities and towns to be fully sanitized, healthy and livable, with focus on the poor

and women.

• All human excreta and liquid wastes to be disposed of safely.

• Promoting proper functioning of network-based sewerage systems and ensuring connections

of households to them wherever possible;

• Promoting recycle and reuse of treated waste water for non potable applications wherever

possible will be encouraged

• Promoting 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 after

treatment 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 2

years. Chapter on Draft Framework for Developing State Sanitation Strategies gives an

outline of the strategy (Annexure I);

• Identified cities will be urged to prepare model City Sanitation Plans within a period of 2

years. 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 city

sanitation 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 up

with their own detailed state-level urban sanitation strategies and City Sanitation Plans. It

moots the idea of totally sanitised and open-defecation-free cities as a target and the setting

up of a multi-stakeholder City Sanitation Task Force to achieve this. Environmental

considerations, public health implications and reaching the unserved and urban poor are given

significant emphasis in the policy.

Chapter 2 Policy, Legislation and Regulation

95

The implementation of action plans, evolved from the national policy, in Kerala poses various

constraints and challenges, such as:

• High density of population and environmental vulnerability

• Attitudinal change required to be brought in for community managed common sanitation

facilities as envisaged in the national sanitation policy especially for slums and dense areas

• Aquifer contamination and consequent threat for health and environmental safety calling for

innovative strategies and technologies, especially in Kerala’s long coastal belt with high density

of population and high water table

• Land area constraints for safe disposal of wastes including human excreta

• Proper restructuring of networking of drainages

The ESMF proposed will address the above constraints and challenges.

Funding options are laid out including direct central and state support including through

existing schemes, public-private partnerships, and external funding agencies. It directs that at

least 20% of the funds should be earmarked towards servicing the urban poor. The Centre also

plans to institute awards to the best performing cities, reminiscent of the Nirmal Gram

Puraskar awards for villages.

The Millennium Development Goals (MDGs) enjoin upon the signatory nations to extend access

to 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 providing

proper 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 of

grading of urban areas are also expected to give an impetus to improving sanitation conditions

in Urban areas.

222...222...222... AAAccctttsss aaannnddd RRReeeggguuulllaaatttiiiooonnnsss

2.2.2.1. Water (Prevention and Control of Pollution) Act 1974

The Water (Prevention and Control of Pollution) Act was introduced on 23rd March 1974 for

maintaining and restoring the wholesomeness of water through the prevention and control of

water 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, plan

comprehensive programmes, disseminate information, conduct investigations, research and

training, establish or recognize laboratories, inspect installations, lay down standards,

evolve methods for treatment, utilization and disposal of effluents, advise on locating

industries 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 State

Government to direct State PCBs

• Empowerment of the State government to restrict the application to certain areas

• Empowerment of the State PCB to obtain information on sewage or trade effluents or on

establishments producing or proposing to produce effluents based on stipulated procedures

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

34

The proposed ESMF provides an

opportunity to mobilize support for

the State PCB for attaining improved

compliance. In addition, the ESMF

ensures that the LSGs obtain consent

for discharge of sewage and sullage,

draw up & implement plans for

sewage collection and treatment, as

envisaged in the Act.

• Provision on prohibiting the disposal of polluting matter to streams or wells, restricting

new 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 to

apply for consent on or before such date as may be specified by the State Government by

notification in the official gazette.

• Requirement of the LSGs discharging sewage and sullage from their jurisdiction into various

water bodies to take consent from the State PCB.

• Requirement of the LSGs to draw up and implement programmes for collection and

treatment of sewage

• Requirement to specify the quality, quantity and location of discharge of sewage

• Requirement of a new industry to obtain consent to establish from the State PCB

• Prohibition of disposal of poisonous, noxious or polluting matters into any stream or well

• Empowerment of the State PCB to carryout pollution prevention measures, if the person

holding 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 wells

• Rendering of help and assistance and furnishing of information for inspection and

examination of records, maps, plans and other documents by the Local authorities to the

State PCB for the discharge of its functions

• Description of the penalty clauses and procedures therein including enhanced penalty after

previous conviction

The State Pollution Control Board has been

constituted and over the years, it has established its

offices and laboratories in all the districts with a

Central Laboratory at Kochi. The Kerala State PCB has

issued circulars to all the LSGs to issue license to an

industry or commercial establishment only after

producing the ‘consent to establish’ and renew the

license only after producing ‘consent to operate’ from the PCB under the Water Act 1974 and

Air 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 major

and medium industries, numbering around 600, have established Effluent Treatment Plants

(ETP). However, there are issues of non-operation, mal-functions and inefficiency of ETPs and

requirement of improving the monitoring aspects. In order to strengthen the monitoring

mechanism, the PCB now proposes to carry out the collection and analysis of samples by

themselves by collecting the required fee from the industry for those with capital investment

more than Rs. 50 lakh. The PCB is also considering the possibility of initiating system studies on

the ETPs in order to assess the system efficiency and recommend corrective steps. Though the

enforcement actions have achieved almost total coverage in the case of major polluters in

terms of establishment of ETPs, there is inadequacy in the monitoring of ETP performances. In

the case of small polluters, the reach of PCB is negligible. There are about 2.5 lakh small scale

Chapter 2 Policy, Legislation and Regulation

95

In Kerala, about 600 industries are brought under this Act and the Cess is being collected by the

PCB. The responsibility of supply of drinking water in the State has been entrusted with the Kerala

Water Authority (KWA), except in Trichur City Corporation. The Cess collection from KWA could be

realized only to the extent of about 18%. More community water supply schemes are envisaged

wherein the role of LSGs will be significant. Therefore, ESMF, in a way, will enable improved

compliance of the provisions of this Act.

industrial 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 case

to 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 generate

technical support locally. In the case of major and medium industries, there is requirement of

enhanced 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, 1977

The Water (Prevention and Control of Water Pollution) Cess Act was introduced on 7th

December 1977 to augment the resources of the Central and State Pollution Control Boards and

to encourage the industries and local bodies to reduce the consumption by imposing a charge

on 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 the

Act) and supplied by a local authority entrusted with the duty of supplying water

• Affixing of meters for the purpose of measuring and recording the quantity of water

consumed or supplied

• Furnishing of monthly water cess return to the State PCB in the prescribed form

• Assessment of cess and responsibility of the State Government for collection and payment

to the Central government and recovery clauses as in the case of land revenue

• Rebate of 25% to the complying industries and local authorities

• Empowerment of official to enter any premises for testing of correctness of meters affixed.

• Exemption of water cess by Central Government to certain industries

• Evoking penalty clauses only after giving ample opportunity to be heard

• Imposing interest of 2% on arrear cess, penalty up to 100% of the arrear cess and

imprisonment and fine on default

• Rate 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, which

consumes water or gives rise to sewage effluent or trade effluent, but does not include any

hydel power unit

• Empowerment of Central government to exempt the levy of water cess based on conditions

pertaining to manufacturing process, effluent, water source, effluent receiving body, unit

water consumption, location of industry etc.

• Revision of cess for consumption of water for different purposes

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

36

Only the Central Government is

authorized to permit diversion of

forest land for non forestry purposes.

Therefore, the LSGs will have no role

except in assisting forest

conservation activities through

schemes like the NREGA and

enhancement of forest productivity

activities through stipulated

stakeholder groups. The provisions of

the acts fall under negative list as far

as the proposed ESMF is concerned.

The proposed ESMF shall ensure improved compliance of the provisions of the Act informally due to the environmental sensitivity build up within the LSG through Environmental Assessment and such activities.

2.2.2.3. Forest (Conservation) Act 1980

Forest Conservation Act- 1980 -an Act to provide for the conservation of forests and for

matters connected therewith or ancillary or incidental thereto- is intended to safeguard forest

lands from unauthorized diversions. The act states that no State Government or other

authority shall make, except with the prior approval of the Central Government, any order

directing-

(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law

for the time being in force in that State) or any portion

thereof, shall cease to be reserved;

(ii) that any forest land or any portion thereof may be

used for any non-forest purpose;

(iii) that any forest land or any portion thereof may be

assigned by way of lease or otherwise to any private

person or to any authority, corporation, agency or any

other organization not owned, managed or controlled

by Government;

(iv) that any forest land or any portion thereof may be

cleared of trees which have grown naturally in that

land or portion, for the purpose of using it for

reforestation.

The Central Government may constitute a Committee consisting of such number of persons as

it may deem fit to advice that Government with regard to the grant of approval for the above

and any other matter connected with the conservation of forests which may be referred to it

by the Central Government.

2.2.2.4. Air (Prevention and Control of Pollution) Act, 1981

The primary objective of the Air (Prevention and Control of Pollution) Act, 1981 is to provide

for the prevention Control and abatement of air pollution. As the LSGIs at present does not

have expertise in assessment, monitoring and enforcement capability, they rely on the services

of Kerala State Pollution Control Board (KSPCB) in this aspect.

• As per section 448 of the Municipal Act, license for establishment of factory/ workshop

shall be issued provided that if a declaration is given by the applicant recommended by the

officer in the Industries Department or the Kerala State PCB authorized for this behalf to

the effect that no pollution is involved. LSGI normally issues license to industry /

establishment including residential flats, hotels and resorts only after producing consent to

establish or consent to operate under the Water

Act and Air Act from the KSPCB.

• If the industry/establishment violate the conditions

of the consent issued by the KSPCB, as per the

Water Act and Air Act, punitive actions is being

taken by way of issual of closure

order/suspension/cancellation of licenses issued. LSGIs usually suspend their license to the

Chapter 2 Policy, Legislation and Regulation

95

This is an umbrella act under which a

number of notifications have come up

in respect of coastal protection,

environmental impact assessment,

biomedical waste management, solid

waste management etc. The proposed

ESMF necessitates the compliance to

various provisions of these

notifications.

noncompliant industrial unit on receipt of recommendations from the KSPCB suggesting

cancellation of license issued by LSGI.

• LSGI have a role in formulating pollution control policies in the State under the Water Act

and 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 amongst

the members of LSGIs functioning within the State to serve as members of the KSPCB.

2.2.2.5. Environment Protection Act 1986

The Government of India introduced a comprehensive law on environment called “The

Environment (Protection) Act, 1986 on 23rd May 1986”. The Act empowers the Central

Government to take measures to protect and improve environment including the prevention of

hazards to human beings, other living creatures, plants and property. The salient aspects of

the act are:

• Empowerment of the Central Government to take all measures for the purpose of

protecting and improving the quality of the environment and preventing, controlling and

abating 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 and

abatement of environmental pollution.

• Laying down standards for the quality of environment.

• Laying down standards for the quality of environment and emission or discharge of

environmental pollutants.

• Restrictions on locating industries, operations or processes or class of industries, operations

or processes.

• Laying down procedures and safeguards for the prevention of accidents which may cause

environmental pollution.

• Laying down procedures and safeguards for the handling of hazardous substances.

• Inspection of any premises, plant, equipment, machinery etc and examination of

manufacturing processes, materials or substances that are likely to cause environmental

pollution and issue directions to take ameliorative steps.

• Carrying out and sponsoring investigations and research relating to the problems of

environmental pollution.

• Preparation of manuals, codes or guides relating to

the prevention, control and abatement of

pollution.

• Establishment and recognition of environmental

laboratories institutions.

• Collection and dissemination of information

relating to environmental pollution.

• Constitution of authorities and appointment of

officers, if necessary, for the purpose of exercising and performing the powers and

functions conferred on it vide the act.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

38

The proposed ESMF shall enable the

implementation of the regulations as

the projects will be screened for

permissible activities under the

notification.

• Issuance of directions in writing to any person, officer, or any authority directing them

closure, prohibition or regulation of any industry, operation or process or stoppage or

regulation 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 as

imprisonment for a term extending up to 5 years and fine extending up to Rs. 5 lakh or

both and additional fine of Rs. 5000/- per day if failure or contravention continues after

the conviction.

• Formulation of rules in respect of all or any of the matters referred above.

2.2.2.6. Coastal Regulation Zone Notification 1991

The Government of India issued the Coastal Regulation Zone Notification on 19th February

1991 under sections 3 (1) and 3 (2) (1) of the Environment (Protection) Act 1986 with

objectives to protect our coastlines and to regulate the activities there. This rule applies to

the coastal stretches of seas, estuaries, creeks, rivers and back waters which are influenced by

the tidal action, up to 500m towards landward side from High Tide Line and land between the

High 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 or

width of the river, creek, or backwaters whichever is less. The salient features of the

notification are:

• Provisions for prohibiting certain activities detrimental to environmental protection and

regulating all other activities in the CRZ by classifying the coastal stretches into different

zones namely CRZ I, II, III and IV and specifying development restrictions.

• Preparation of Coastal Zone Management Plan (CZMP) for the state by identifying and

classifying the CRZ areas in accordance with the guidelines provided to regulate the

development and activities

• Constitution of authorities at the State and Central level for monitoring and enforcement

of the provisions, thereby certain activities notified in the rules are regulated with the

clearance from the appropriate authority.

• Specifications/guidelines for development of Beach Resorts/Hotels.

There are provisions for exemptions in the case of strategic installation, traditional livelihood

activities and conventional/manual processes/interventions. The regulation of activities within

the CRZ has been entrusted with the State and Central Coastal Zone Management Authorities

based on the status report on the location of HTL

prepared by any of the six authorized agencies by the

Ministry of Environment and Forests, Government of

India. The Centre for Earth Science Studies,

Thiruvananthapuram is an authorized agency in this

regard. Though the State has an approved Coastal Zone

Management Plan (CZMP), demarcating different classes of CRZ, it requires modifications with

respect to certain general and special conditions as stipulated by the Central Government. As

such, lack of proper monitoring and enforcement mechanism has led to various violations, and

the compliance status, in general, is poor.

Chapter 2 Policy, Legislation and Regulation

95

The notification covers only major

projects and the local bodies have no

direct role in the enforcement of its

provisions. However, the

representatives of the LSGs play a

major role in public consultation

process. The projects which are

outside the ambit of this notification

only fall under the purview of the

proposed ESMF.

The Government of Kerala, in the Directorate of Panchayat issued a circular No. C3/21688/96

on 17/07/1996, directing the LSGs to permit constructions or any activities within the coastal

regulation 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 the

violations of the notifications to the State government for initiating legal proceedings against

the violators. Within the provisions of the rule, regulation of certain activities like house

construction, livelihood linked development activities etc can be done by the LSGs, provided

they are equipped with database, especially cadastral maps enabling the delineation of the

HTL.

2.2.2.7. Environmental Impact Assessment Notification 1994

In exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of

section 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule

5 of the Environment (Protection) Rules, 1986 and in supersession of the notification number

S.O. 60 (E) dated the 27th January, 1994, except in respect of things done or omitted to be

done before such supersession, the Central Government directed that construction of new

projects or activities or the expansion or modernization of existing projects or activities

falling under 39 types of projects under 8 categories entailing capacity addition with change in

process and or technology shall be undertaken in any part of India only after the prior

environmental clearance from the Central Government or as the case may be, by the State

Level Environment Impact Assessment Authority (SEIAA), duly constituted by the Central

Government under sub-section (3) of section 3 of the said Act, in accordance with the

procedure specified in this notification. The Notification provides for:

• Categorization of projects and activities to Category ‘A’ and Category ‘B’ based on the

spatial extent of potential impacts and potential impacts on human health and natural and

manmade resources

• Constitution of State Level Environment Impact Assessment Authority (SEIAA)

• Requirement of prior Environmental Clearance (EC) from the Central Government in the

Ministry of Environment and Forests for projects and activities falling under Category ‘A’

and the SEIAA for projects and activities falling under Category ‘B’, before any

construction work, or preparation of land by the project management except for securing

the land, is started

• Constitution of Screening, Scoping and Appraisal Committees at the Central and State or

the Union territory level Government (EAC and SEACs) to screen, scope and appraise

projects 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 Appraisal

• Period of validity of Environmental Clearance (EC) as 10 years in the case of River Valley

projects, 30 years for mining projects and 5 years

in the case of all other projects and activities with

a provision for extension for a maximum period of

5 years by the regulatory authority

• Post EC Monitoring and submission of half-yearly

compliance reports in respect of the terms and

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

40

Projects for facilitating the

implementation of this rule

in hospitals transferred to

the LSGs shall come under

the purview of the proposed

ESMF.

conditions stipulated while providing prior environmental clearance

• Treating any project or activity specified in Category ‘B’ as Category A, if located in whole

or in part within 10 km from the boundary of: (i) Protected Areas notified under the Wild

Life (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central Pollution

Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-State

boundaries and international boundaries.

• Exemption from prior EC if any Industrial Estate/Complex/Export Processing Zones /Special

Economic Zones/Biotech Parks/Leather Complex with homogeneous type of industries or

those 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 the

industrial estate/complex are complied with.

2.2.2.8. Bio-Medical Wastes (Management and Handling) Rules, 1998

The Bio Medical Wastes (Management and Handling) Rules was introduced by the Government

of India on 20th July 1998 under section 5, 8 and 25 of the Environment (Protection) Act, 1986

with an objective to regulate the management and handling of Bio- medical wastes. The rules

apply to all persons who generate, collect, receive, store, transport, treat, dispose or handle

biomedical waste (BMW) in any form. The salient aspects of the rules are:

• Responsibility for handling BMW, without any adverse impact to the human health and

environment, has been vested with the occupier of the institution generating such wastes

• All hospital, nursing home, clinic, dispensary, veterinary institution, animal house,

pathological laboratory, blood bank by whatever name they are called have been covered

• Necessitates treatment and disposal in compliance with the standards specified and setting

up of own treatment facility or linking it with a common facility

• Classify BMW into 10 categories and prescribe specific

disposal mode

• Mixing 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 48

hours without permission.

• Restricting transportation of untreated BMW only in authorized vehicles

• Time limit prescribed for adoption of various handling and disposal facilities.

• Responsibility to LSGs to set up common disposal sites for BMW.

The compliance to BMW (Management & Handling) can be assessed based on six components

namely segregation, packaging, transportation, storage, treatment and disposal. If all these

components are considered in strict terms, the overall compliance of the BMW rules in the

state may not be more than 20%. The state has a total bed strength of about 1.10 lakh and

only about 25000 beds are covered under the Rule through a common facility established by

the Indian Medical Association (IMA) at Palakkad. It ensures transportation of segregated and

labeled waste, their treatment and disposal. There is significant improvement in segregation

of biomedical wastes in major government hospitals like district and general hospitals and

private hospitals with bed strength more than 50. About 70-80% of such hospitals now practices

Chapter 2 Policy, Legislation and Regulation

95

The Government of Kerala, State Pollution Control Board and LSGs have initiated various measures

for enforcement of the provisions contained in the rule. The State PCB has prohibited the

manufacture, transport, storage, sale and use of plastic carry bags of thickness less than 30

microns. As per the order, the Secretaries of different LSGIs, Station House Officer of the

concerned Police Station and the District Collector/Dy Superintendent of Police are made

responsible for enforcement, prevention of violation of the order and overall responsibility of

preventing violations respectively. In addition, some of the LSGs are pursuing projects for

recycling of plastic discards and such projects will have to be brought under the proposed ESMF

segregation BMW. About 40-50% of the private hospitals have set up their own BMW treatment

and 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, 1999

In 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) and

25 of the Environment (Protection) Act 1986 on 2nd September 1999. The salient features of

the rules are:

• Restrictions on manufacture, sale, distribution and use of virgin and recycled plastic carry

bags and plastic containers

• Prohibition on manufacturing, stocking, distribution or selling of carry bags with thickness

less than 20 micron.

• Prohibition on storing, carrying, dispensing or packaging of foodstuffs in carry bags made of

recycled plastics.

• Stipulation of maintaining natural shade or white colour for carry bags and containers made

of 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 unit

• Enforcement of the provisions contained in the notification by the Kerala State Pollution

Control Board.

The powers to check the use, collection, segregation, transportation and disposal of carry bags

or containers, use of recycled plastics for carrying foodstuffs etc has been delegated to the

District Collector by the State Government.

2.2.2.10. Municipal Solid Waste (Management and Handling) Rules, 2000

The Municipal Solid Wastes (Management and Handling) Rules, 2000 was introduced on 25th

September 2000 under section 3, 6 and 25 of the Environment (Protection) Act, 1986. The rule

is 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 waste

processing and disposal facility including landfills

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

42

• Obligation of the Municipality to submit annual reports to the Secretary, LSGD (Urban) in

the case of metropolitan city or to the District Collector in the case of all other towns and

cities 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 the

Secretary, LSGD (Urban) or District Collectors

• Responsibility of the State PCB to grant authorization based on stipulated timeframe and

conditions and monitor compliance of the standards pertaining to groundwater, ambient

air, leachate and compost quality and incineration.

• Responsibility of the Central PCB to coordinate with the State PCBs for implementation and

review of standards and guidelines and compilation of monitoring data

• Specific procedure and compliance criteria for managing and handling MSW

• Responsibility of the State PCB to prepare and submit an annual report to Central PCB

regarding implementation by 15th of September.

• Responsibility of the municipality to report any accident linked to MSW management to the

Secretary, LSGD (Urban) in the case of Metropolitan cities and to the District Collector in

all 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 areas

• Organizing house-to-house collection by adopting appropriate methods

• Devising 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 market

those are biodegradable.

• Prevention of mixing of biomedical and industrial wastes with municipal solid wastes

• Prohibition on burning of wastes

• Prevention of stray animals from moving around waste storage facilities

• Transferring of waste collected from residential areas to bins/containers/vehicles

• Collection and disposal of horticultural, construction or demolition waste or debris

• Promotion of waste segregation, recycling and reuse of segregated wastes

• Awareness building and meetings for ensuring community participation

• Establishment of hygienic and sanitary storage facility

• Prohibition of manual handling of waste

• Ensuring transportation of wastes in covered vehicles and preventing their scattering

• Adoption of suitable technology or combination such technologies for processing of wastes

so as to minimize burden on landfill

• Restriction of land filling to non-biodegradable, inert or other wastes that are unsuitable

for recycling or biological processing

• Specifications for landfill sites including site selection, site facilities, land filling, pollution

prevention, water and air quality monitoring, site plantations, closure and post-care of

sites, provisions for hilly areas etc.

• Specifications of standards for composting, treated leachates and incineration

Chapter 2 Policy, Legislation and Regulation

95

As such, the integrated projects of this types fall

under the EIA Notification, 2006. However, the

habitation practices in Kerala, characterized by

individual house in separate parcel of land, enable the

generator of waste to dispose it off in their own

premises; biodegradable as manure with or without

composting and non-biodegradable for recycling. The

proposed ESMF will be relevant to such projects.

In order to enable the LSGs to decide on adoption of suitable technologies for processing of

municipal solid wastes, a reference manual has been published by the Central Pollution

Control Board in September 2002. The manual details all the technologies including

composting, anaerobic digestion to recover bio-gas and electricity, conversion to refuse

derived fuel and pyrolysis. It suggests that the selection of technology for a given city or town

should be done only after initially evaluating the environmental safeguards, operation and

maintenance, 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 has

been evaluated based on information from six municipalities. The status of compliance (as in

the year 2005) compared to the National level has been given in the Table below.

Unit Important components of MSW Management Overall

Score

Pri

mary

Collecti

on

Segre

gati

on

Pri

mary

Stora

ge

Secondary

Stora

ge

Sweepin

g

Tra

nsp

ort

Pro

cess

ing

Dis

posa

l

Malappuram 50 15 60 0 50 55 55 0 36

Chalakkudi 45 0 50 0 40 65 65 0 33

N.Parur 30 0 35 0 40 50 50 0 26

Alappuzha 55 20 60 20 50 65 25 0 37

Kayamkulam 25 0 25 0 30 35 0 0 14

Kottayam 50 0 50 20 50 60 0 0 29

Overall 43 6 47 7 43 55 33 0 29

National 38 33 41 29 72 52 9 1.4 34

Considering the unsatisfactory level of compliance, the state have taken concerted measures

for stepping up the compliance by the Municipalities. The collection, sweeping and

transportation are being improved by

appropriate scheduling, providing

protective measures and enforcing its

use, covering the transportation

vehicles etc. The segregation of waste

at source, the most important aspects

for environmental upgradation and

improvement of processing and disposal

efficiency is being attended to through consistent campaigns and facilitation. The secondary

storage system, poorly and inadequately managed system, is being phased out through

improved primary collection system. Many of the Municipalities have installed processing

plants, using composting technology, and their requirement of upgradation and streamlining

are being addressed. The lack of engineered landfill site in any Municipality is a serious

concern as it has lead to open dumping in thickly populated and environmentally fragile

regions causing considerable problems due to pollution. The reasons for the inadequacy or

absence of engineered landfill, the lack of technical support, land availability and

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

44

In general, the compliance level is

high as the enforcement agency has

reach up to the local level. The

proposed ESMF is not relevant to the

provisions of this rule.

environmental monitoring of the processing and dumping sites, are being examined. The poor

level of compliance is also due to poor coordination between the administrative, engineering

and health wings and initiatives of the elected representatives.

2.2.2.11. The Noise Pollution (Regulation and Control) Rules, 2000

The increasing ambient noise level in public places from various sources such as industrial

activity, construction activity, generator sets, loud speakers, public address systems, vehicular

horns and other mechanical devices have adverse effect on the human health and the

psychological well being of the people. Therefore, the Government of India introduced “The

Noise pollution (Regulation and Control) Rules” on 14th February 2000 to regulate and control

noise producing and generating sources with the objective of maintaining the ambient air

quality standards in respect of noise. The salient features of the rules are:

• Zonation of areas by the State government into industrial, commercial, residential or

silence zones for implementation of noise standards for daytime and nighttime

• Consideration of all aspects of noise pollution as a parameter of quality of life by the

development authorities and local bodies to avoid noise menace and maintain ambient air

quality standards in respect of noise

• Declaration of area comprising not less than 100m around hospitals, educational

institutions and courts as silence zones

• Restrictions on the use of loud speakers/public address systems without written permission

from the authority

• Prohibition on the use of loud speakers/public address systems at night between 10 pm and

6 am, except in closed premises for communication within auditoria, conference rooms,

community halls and banquet halls

• Provision to take actions if the sound level exceeds

the standards by 10 dBA.

• Stipulation of air quality standard in respect of

noise for different zones.

o Industrial zone- 75 & 70 dBA Leq during

daytime and nighttime respectively

o Commercial zone- 65 & 55 dBA Leq during daytime & nighttime respectively

o Residential zone- 55 & 45 dBA Leq during daytime and nighttime respectively

o Silence zone 50 & 40 dBA Leq during daytime and nighttime respectively

2.2.2.12. The Biological Diversity Act, 2002

The term ‘biodiversity’, in a general perspective, is ‘the variety of life’, and it includes all the

living 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; this

includes 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 the

CBD, with the main objectives of conservation of biological diversity, sustainable use of its

components, and fair and equitable sharing of benefits arising out of utilization of genetic

resources. The Biological Diversity Rules promulgated under this act came in force on 15th of

April 2004. For the conservation and regulation of access to the biological resources, the Act

Chapter 2 Policy, Legislation and Regulation

95

envisages a three-tier structure comprising of a National Biodiversity Authority (NBA), State

Biodiversity 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 the

participation of local people and preparation of People’s Biodiversity Register (PBR). Even

though it is difficult to formulate a rigid methodology for collecting information for PBR, it

may involve a series of components/steps such as: (i) creating awareness to local communities

about 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 individuals

such as local healers (vaidyas), fishermen, farmers, etc.; (iv) constitution of a broad based

study team involving teachers, students, and local community members; (v) obtaining consent

(prior informed consent) from the local people for sharing information; (vi) individual as well

as group discussions members representing different user groups as well as local people and

village 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 the

study 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 focal

species; and (xv) preparation of a biodiversity management plan

The PBRs, if properly planned and prepared, would become authentic natural resource data

base of every local body, as it envisages listing and mapping of all the ecosystems and

biodiversity. Further, PBR also envisages preparation of action plans for the management of

biodiversity and ecosystems at the grass root level, with the involvement of stakeholders at

the grass roots. The citizen-scientist partnerships play an important role not only in

documenting and validating data collected on biodiversity, but also in utilizing the

bioresources sustainably. PBRs could be used as a tool for promoting this, as the data in PBRs

will be validated by technical support groups. These citizen-scientist partnerships share two

characteristics that make them central to developing biodiversity infrastructure. They provide

data 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 community

understanding and support for biodiversity issues. Further, this will also help

commercialisation of products out of the TK of communities and sharing of benefits.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

46

The Kerala Biological Diversity Rules was enacted by the Government of Kerala in 2008. At

state level, various approach papers and model bio-diversity registers have already been

prepared. The Kerala State Biodiversity Board (KSBB) is in the processes of setting up BMCs

at all the local bodies in Kerala. The BMCs, as and environmental knowledge group at the

LSG level will strengthen the operationalization of the proposed ESMF

Section 37 of the Act provides for designating heritage sites. The purpose is not to cover the

already designated protected areas such as national parks and wildlife sanctuaries but to cover

sites rich in biodiversity, wild relatives of crops, or areas, which lie outside protected area

network. The State government has to designate such areas in consultation with the LSGs, and

to frame rules for conservation and management of such heritage sites. This would facilitate

management of biodiversity hotspots in the state, which now remains outside the protected

area network.

2.2.2.13. National Rural Employment Guarantee Act, 2005

NREGA guarantees at least hundred days of wage employment in every financial year to every

household whose adult members volunteer to do unskilled manual work. Its auxiliary objectives

are 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 seek

it. The choice of works suggested in the Act has predominant focus on natural resource

management and therefore addresses causes of chronic poverty.

Central Government shall meet the cost towards the payment of wage, 3/4 of material cost

and certain percentage of administrative cost. State Government shall meet the cost towards

unemployed allowance, 1/4 of material cost and administrative cost of State council. Adult

members of rural households submit their name, age and address with photo to the Gram

Panchayat. The Gram panchayat registers households after making enquiry and issues a job

card. 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 of

continuous work) either to panchayat or to Programme Officer. The panchayat/programme

officer will accept the valid application and issue dated receipt of application, letter providing

work will be sent to the applicant and also displayed at panchayat office. The employment will

be provided within a radius of 5 km: if it is above 5 km, extra wage will be paid. If

employment under the scheme is not provided within fifteen days of receipt of the

application, daily unemployment allowance will be paid to the applicant.

Chapter 2 Policy, Legislation and Regulation

95

In Kerala, Local Governments have been given a central place in the planning and

implementation of NREGA. Compared to the earlier wage employment programmes there have

been significant achievements under NREGS. They are:

(i) A combination of transparent processes and procedures, local action and constant

vigilance and totally corruption free implementation The contributing factors being:

• A clear policy decision to implement the scheme strictly according to the letter and

spirit of the Act involving the Panchayats.

• The firm rejection of the opinion for implementing the scheme merely for public

works and as an asset focused programme

• Ignoring the arguments that the demand for unskilled labour is very limited in

Kerala and as the wages are much higher than the statutory minimum wages in

more than 90% of the State

• Organization of work through the Kudumbasree system and the poor have a stake in

the work right at the beginning

• Making the technocratic power to accord Technical Sanction, measure works and

recommend payments more spread out and accountable through the Committee

system and in case of difference of opinion the appellate system

• Motivating a lot of social activists to keep constant vigil as a kind of continuous

concurrent social audit

• Giving special emphasis to the rights of workers and their awareness of

entitlements. In a state where workers are fairly well organized this has resulted in

their 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 by

women’s groups

• Nearly 80% of the workers have been women, as they are comfortable working along

with their neighbors

• Equal 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 inculcated

through the Kudumbasree activities, has been strengthened significantly

• The intra-household status of the woman has improved commensurately as she

controls substantial cash resources and withdrawal from the increasing Bank

deposits on her own decision

(iii) NREGS has given rise to a new work culture. Hitherto workers were controlled by

contractors and their middlemen who knew how to extract work. When NREGS began

the out-turn was very poor as the workers could not be supervised properly. But soon

the workers themselves realized that they would be losing collectively and a new

internal dynamics evolved with peer pressure forcing workers to put in their maximum

effort. At the same time a kind of social responsibility also became evident as more

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

48

capable workers became more than willing to put in extra effort to make up for those

who genuinely could not do hard work beyond a point, like the women and the elderly.

(iv) Public works have gained respectability. Hitherto they were seen as highjacked either

by a contractor or a local leader. Now the workers see it as their right. They tend to

distinguish between wages provided by a contractor and wages directly given by the

Panchayat. The latter is almost equated with a salary. This has motivated a large

section of people who were hitherto unwilling to work and join the work force.

(v) NREGS has suddenly increased purchasing power of the poor and there is visible local

economic development. This is particularly true of Wayanad which was ridden with

farmer suicides. The peasants have managed to get substantial relief from NREGS by

getting over their inhibition in working as labourers in richer farmer’s lands by moving

on to the now-respectable public works.

(vi) NREGA has a niche for people who are willing to do physical labour and for whom an

additional annual income of Rs.12,500/- obtained from the Scheme would be a

substantial boost in income and purchasing power. Therefore right at the beginning a

policy decision was taken to target the eligible families, visualizing NREGS as the

nucleus of a concerted and convergent anti-poverty initiative.

(vii) Experience of the last three years of NREGA implementation reveal that in a State like

Kerala with proven track record in participatory planning and with strong Panchayati

Raj Institution, NREGA could dramatically increase levels of empowerment. The visible

results include:

• With trained facilitators to assist Grama Sabha, there has been a perceptible

improvement in the quality of deliberations of Grama Sabha. NREGA has also

strengthened the sub Grama Sabha fora of workers Grama Sabha and Neighborhood

Groups (NHG) of women as they have been given clear role and responsibilities in

Labour Budget preparation.

• The planning capacity of Panchayats has increased in response to the challenge of

planning for NREGA as it has multiple dimensions of space and time in relation to

human and financial resources.

• Panchayats are moving on to more complex areas of planning related to natural

resource management.

• NREGA has improved the capacities of panchayats for organizing works without a

middleman 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 the

Panchayat into closer interaction with the small and marginal farmers. Now with the

accent on watershed management and food security, this relationship is expected to

strengthen further.

• Successful Village Panchayats have shown that they can bring about local economic

development as well as provide social security through NREGA.

Chapter 2 Policy, Legislation and Regulation

95

The proposed ESMF will facilitate improved

environmental management of local areas

through the LSG projects integrated with

NREGS components

• E-Governance has received a big boost. The entire Local Governments have moved on

to online MIS under NREGA.

• A social audit system has been put in place and accountability, both formal and

informal has improved tremendously.

It is expected that once NREGS is in full steam, flow of funds to village panchayats could

match the already high flow under peoples plan.

The most important lesson from NREGA

experience is that just as People’s Plan was the

motive force which pushed decentralization in

the state, NREGA could be used for further

empowering the panchayat raj system. It is as much an instrument for empowerment of

Panchayat raj Institutions as an instrument for poverty reduction.

222...222...333... PPPrrrooogggrrraaammmmmmeeesss

2.2.3.1. Drinking Water Supply Programmes

Drinking Water Supply is a State subject and funds have been provided in the State budgets for

drinking water supply right from the first Five Year Plan. A national water supply and

sanitation programme was introduced in the social welfare sector in the year 1954 to augment

the efforts of states. The Accelerated Rural Water Supply Programme (ARWSP), introduced in

1972-73 to assist the States and the Union Territories with 100% grants-in-aid, is one such

scheme. The entire programme was given a Mission approach as part of the five Technology

Missions launched in 1986. It was named as National Drinking Water Mission (NDWM), as one of

the five Societal Missions and renamed in 1991 as as Rajiv Gandhi National Drinking Water

Mission (RGNDWM). The Mission has the following programmes:

a) Accelerated Rural Water Supply Programme(ARWSP) for supplementing the efforts of State

Governments in providing access to safe drinking water to all rural habitations of the country.

b) Sector reform programme for institutionalizing community participation in capital cost

sharing, Operation & Maintenance and Water Quality Monitoring & Surveillance in identified

pilot districts.

c) Sub Missions, five in number, on problems of water quality and sources drying up needing

construction of water conservation and recharge structures and other measures with the States

planning 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 and Social Assessment Report Kerala Local Government Service Delivery Project

50

Such schemes proposed for the

LSG will be subjected to the

proposed ESMF procedure to

ensure the required

environmental management

needs so as to improve the

sustainability aspects of the

scheme

the location of standpost, spot sources, operation and maintenance, fixing of cess/water

tariff, etc.

From the financial year 1999-2000 onwards, incentives in the form of additional funds are

given to the States which initiate steps for institutionalising community participation in the

rural water supply programme. Sate Governments will implement the following broader

elements:

• adoption of a demand-driven approach based on empowerment of villagers to ensure

their full participation in the project through a decision making role in the choice of

scheme 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 the

agencies involved in project implementation and;

• 10% (at least) capital cost sharing and 100% sharing of O&M cost by users. The

proportion of capital cost shared should increase proportionately with increasing

service demand. This contribution can be in the form of cash or kind (labour, land or

material)

• Taking up of conservation measures for sustained supply of water through rainwater

harvesting and ground water recharge structures.

The project envisages Constitution of Water and Sanitation Mission (WSM) at the State and

District Level. The District Water and Sanitation Mission (DWSM) shall be a registered society to

function under the supervision, control and guidance of Zilla Parishad. Wherever LSGs are

firmly in place and are ready and willing to take up the responsibility of effective

implementation of Sector Reform Project, they may be allowed to implement the project in

those districts instead of the DWSM. In such districts constitution of DWSM may not be

mandatory.

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 own

choice with active participation of villagers. The composition and functions of the VWSCs can

be 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 meeting

• ensure community participation and decision making in all scheme activities

• arrange community contributions to capital costs, both

in cash and kind (land, labour, materials)

• open and manage bank accounts for depositing

community cash contributions and for management of

project funds that may be solely channelled through

them; signing on behalf of the community, planning of

water and sanitation activities

• procure construction materials/goods and selection of

contractors for construction activities related to RWS

and Sanitation sectors

Chapter 2 Policy, Legislation and Regulation

95

The LSGs have a key role in ensuring that

safety standards are met with all

components of TSC e.g. the distance

between water source and a latrine–

adhering to the minimum distance for

IHHL, school and AW toilets and

community sanitary complexes; regulating

pit-depth, pit lining to prevent pollution,

collapse of pit etc. The same will apply to

key hygiene behaviour such as keeping the

environment around hand pumps /water

sources clear and tidy and free of human

and animal excreta. These can be ensured

through the proposed ESMF

• supervise the construction activities related to RWS and sanitation sectors

• sign off on all completed works and community development activities

• commission and eventual takeover of completed water supply and sanitation works through

a joint inspection with DWSM, creating hygiene awareness, collection of funds through a

tariff system for O&M of water supply and sanitation works

• manage and finance O&M services, on a sustainable basis

• empower women of the villages for O&M and day to day affairs of the scheme

• involve in HRD and IEC activities of other villages after completion of own scheme

2.2.3.2. Total Sanitation Campaign

“Total Sanitation Campaign (TSC)” emphasizes more on Information, Education and

Communication (IEC), Human Resource Development, Capacity Development activities to

increase awareness among the rural people and generation of demand for sanitary facilities.

This will also enhance people’s capacity to choose appropriate options through alternate

delivery mechanisms as per their economic condition. The programme is being implemented

with focus on community-led and people centered initiatives. Children play an effective role in

absorbing and popularizing new ideas and concepts and this programme intends to tap their

potential as the most persuasive advocates of good sanitation practices in their own

households 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 sanitation

facilities through awareness creation and health education.

• Achieve total sanitation coverage in schools by March 2008 and Anganwadis by March 2009

• Promote hygiene education and sanitary habits among students

• Encourage cost effective and appropriate technologies for ecologically safe and sustainable

sanitation

• Develop community managed environmental sanitation systems focusing on solid & liquid

waste management

The 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.

As per the Constitution 73rd Amendment Act,

1992, Sanitation is included in the 11th Schedule. Accordingly, the TSC is being implemented

by the LSGs. The Block and District level PRIs are to regularly monitor the implementation.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

52

The process have not yet trickled

down fully and hence the

implementation of watershed

programme is not very effective.

Moreover, the guidelines are

inadequate to address the

requirements of different eco-

regions. The issues with respect to

water logged areas are left

unaddressed. Also, the modality for

convergence of ongoing schemes has

not been highlighted in the

guidelines. The proposed ESMF may

facilitate the integration.

The incentive scheme, Nirmal Gram Puraskar (NGP) was launched by Govt of India in 2003 to

give a fillip to the TSC by recognizing the efforts of PRIs and institutions who have contributed

significantly towards ensuring full sanitation coverage in the areas of operation. The main

objectives of NGP are to:

a. bring the topic of sanitation to the forefront of social and political development

discourse in rural India

b. develop open defecation free and clean villages which will act as models for others to

emulate

c. give incentives to PRIs to sustain the initiatives taken by them to eliminate the practice

of open defecation from their respective geographic area by way of full sanitation

coverage

d. increase social mobilization in TSC implementation , by recognizing the catalytic role

played by organizations in attaining universal sanitation coverage.

Incentive amounts to PRIs are decided based on population criterion and it is to be used for

improving and managing the sanitation facilities in their respective areas.

In Kerala, almost 97% of the Grama Panchayats , 83% of Block Panchayats and 57% of the

District Panchayats are declared open defecation free and awarded Nirmal Puraskar.

Altogether, the incentive amount is around Rs.77 crore. The State Government and the LSGs

also set apart adequate fund for improving the sanitation through establishing systems for solid

and liquid waste management, water quality surveillance, hygiene education, environmental

upgradation in addition to human excreta management.

2.2.3.3. Watershed Development Programme

The Department of Land Resources in the Ministry of Rural Development is administering the

area-based watershed programmes for development of wastelands/degraded lands namely

Drought Prone Areas Programmes (DPAP), Desert Development Programme (DDP) and

Integrated Wastelands Development Programme (IWDP) and currently the Hariyali scheme to

check the diminishing productivity of wasteland and loss of natural resources. The state was

earlier covered under the IWDP and currently under Hariyali programme.

Under the Hariyali initiative, Gram Panchayats shall

implement projects under overall supervision and

guidance of Project Implementation Agencies (PIAs).

An intermediate panchayat may be the PIA for all the

projects sanctioned to a particular Block/Taluka. In

case, these Panchayats are not adequately

empowered, then the Zilla Panchayat can either act as

PIA itself or may appoint a suitable Line Department

like Agriculture, Forestry /Social Forestry, Soil

Conservation, etc., or an Agency of the State

Government/ University/Institute as PIA. Failing these

options, the ZP/DRDA may consider appointing a

reputed Non-Government Organization (NGO) in the

Chapter 2 Policy, Legislation and Regulation

95

district with adequate experience and expertise in the implementation of watershed projects

or related area development works as the PIA after thoroughly examining their credentials.

The PIA facilitates the Gram Panchayat for preparation of watershed development plans

through Participatory Rural Appraisal (PRA), undertake community organisation and training for

the village communities, supervise watershed development activities, inspect and authenticate

project accounts.

2.2.3.4. Joint Forest Management Programme

After the National JFM guidelines were issued in 1990, 22 States are now implementing the

programme. The JFM programme has evolved to different levels across these States. While

West Bengal, Haryana and Orissa have completed two decades of JFM initiation, others like

Assam, Sikkim and Mizoram have issued enabling orders in 1998 and accordingly the issues for

which they are seeking solutions are different. The 1990 guidelines have paved the way for

JFM across the country and 22 states have issued enabling orders till date. The major

provisions of the National Resolution are:

• Providing an enabling mechanism for participation of local communities and a platform for

NGO participation,

• Facilitating institution building and allowed flexibility in their formation,

• Eliminating the involvement of commercial interests and the middlemen in the benefit

sharing 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 in

consultation with local communities.

2.2.3.5. Poverty Alleviation Programmes

Swarnjayanti 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 self

employment viz. organization of the rural poor into self help groups (SHGs) and their capacity

building, planning of activity clusters, infrastructure build up, technology, credit and

marketing. 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, duly

approved by the Gram Sabha. The beneficiaries could be individuals or groups. While the

identification of individual beneficiaries is made through a participatory approach, the

programme lays emphasis on organization of poor into SHGs and their capacity building. The

SHG 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 and Social Assessment Report Kerala Local Government Service Delivery Project

54

for SHGs. Group activities stand a better chance of success because it is easier to provide

back-up support and marketing linkages for group activities. Involvement of women members

in each SHG is encouraged and at the block level it is stipulated that, at least half of the

groups will be exclusively women’s groups. For providing a revolving fund to the SHGs, the

DRDAs could use 10 per cent of the allocation under SGSY.

The SGSY is a credit-cum-subsidy programme, with credit as the critical component and

subsidy as a minor and enabling element. Accordingly, the SGSY envisages greater involvement

of banks and promotion of multiple credit rather than a one-time credit injection. The

emphasis of SGSY is to identify four to five key activities are to be identified in each block

based on the resource endowments, occupational skills of the people and availability of

markets and these activities may be implemented preferably in clusters so that backward and

forward linkages can be effectively established. The key activities are to be selected with the

approval of the Panchayat Samiti at the block level and DRDAs/Zila Parishad at the district

level. SGSY adopts a project approach with project reports being prepared for each key

activity in association with banks and financial institutions. It is envisaged that a major share

of 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 Scheme

launched afresh in lieu of the erstwhile Urban Poverty Alleviation Programmes viz., Nehru

Rojgar Yojana (NRY), Prime Minister's Integrated Urban Poverty Eradication Programme

(PMIUPEP) and Urban Basic Services for the Poor (UBSP). The objectives of the programme

include:

• 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 UBSP

pattern.

• Capability Building, Women's Group for small enterprises, Women's Thrift-cum-Credit

Societies.

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 employment

ventures.

• 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 the

Urban Areas (DWCUA)".

• Training of beneficiaries, potential beneficiaries and other persons associated with the

urban employment programme for up gradation and acquisition of vocational and

entrepreneurial skills.

2. The Urban Wage Employment Programme (UWEP)

The basic objective of the scheme is to provide wage employment to those people below

poverty line who are in need of such income, particularly during the lean season. While

Chapter 2 Policy, Legislation and Regulation

95

In Kerala, Thiruvananthapuram and

Kochi are covered under the scheme.

Here, all the projects other than

those requiring environmental

clearance from the Centre or State

agencies will be brought under the

proposed ESMF.

providing employment, durable community assets which are of continuing and direct benefit to

the poor should be taken up. Only the basic needs infrastructure identified under the poverty

alleviation sub-plan shall be taken up. The Material-Labour Ratio for the works taken up under

the Programme shall be maintained at 60:40. However, if durable assets require a higher

material component, it may be provided using Municipality's resources. The Urban Wage

Employment Programme shall be dovetailed into State Sector Slum Development Programmes

as well as National Slum Development Programmes. The work shall be implemented using rates

fixed 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, section

2.2.2.13.

2.2.3.6. Housing Programmes

Indira Awaas Yojana (IAY)

The objective of IAY is primarily to help construction of dwelling units for people below

poverty line living in rural areas belonging to SC/ST, freed bonded laborers and non SC/ST

categories. Since 1999-2000, 80% of total allocated funds is earmarked for construction of new

houses and 20% for upgradation of Kachha unserviceable houses. As per the guidelines, 60% of

assistance should go in favour of Scheduled Castes beneficiaries. The funding of IAY is shared

between the Centre & State in the ratio of 75:25.

The selection of the beneficiaries is through the Gram Sabha and the beneficiaries have

complete freedom as to the manner of construction of the house. No contractor is to be

engaged for construction of the houses under IAY. The financial assistance provided for new

construction is Rs.35,000/- per unit in plain areas & Rs.38,500/- in hilly/difficult areas. The

assistance for upgradation of unserviceable kutcha house to pucca/semi pucca house is

Rs.15,000/- for all areas. The assistance for credit-cum-subsidy scheme is also Rs.12,500/- per

unit. Maximum of 20% of IAY allocation can be utilized for upgradation or/& credit-cum-

subsidy scheme. Sanitary latrines and smokeless chullahs are an integral part of the IAY

houses. The allotment of dwelling units under the scheme are in the name of the female

member of the beneficiary household and male members are allotted houses only if there is no

female 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 of

historical/religious importance) across the country in terms of perspective plans called City

Development Plans (CDPs) for overcoming the

infrastructure gaps relating to water, sanitation,

sewerage, drainage and roads on the one hand and

deficiencies in housing and basic services on the other

hand. The Mission approach is reform based with

releases being made subject to implementation of

specified reform agenda. JNNURM encourages private

sector participation with the Government providing

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

56

In the State, there is a shortage of

around 89000 toilets in the Urban

areas. The Government of Kerala has

entrusted Suchitwa Mission to

function as the nodal agency for

coordinating the programme and so

far schemes for 8 Municipalities have

been approved. These projects will

be screened under the ESMF for

ensuring incorporation of mitigation

plans, if any, required.

viability gap funding through the Mission for large projects where the open tendering process

shows specific shortage in economic viability.

2.2.3.8. Urban Infrastructure Development Scheme for Small and Medium Towns

Urban infrastructure Development Scheme for Small & Medium Towns (UIDSSMT) aims to

improve the urban infrastructure in a planned manner. The objectives are to:

a. Improve infrastructural facilities and help create durable public assets and quality oriented

services in cities & towns

b. Enhance public-private-partnership in infrastructural development and

c. 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 per

2001 census, except that covered under JNNURM. Allocation of funds among states will be on

the 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 scheme

will include all urban infrastructure development projects including water supply and

sewerage. 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 and

Jammu & Kashmir.

The outcomes envisaged for the scheme are:

• Modern and transparent budgeting, accounting, financial management systems, designed

and adopted for all urban services and governance functions

• City-wide framework for planning and governance

• Access to basic level of urban services for all urban residents

• Financially self-sustaining agencies for urban governance and service delivery through

reforms to major revenue instruments

• Transparent and accountable local services and governance to citizens

• Reduced cost and time of service delivery processes through e-Governance applications in

core functions of ULBs/para-statals.

2.2.3.9. Integrated Low Cost Sanitation Programme

The objective of the Scheme is to convert/ construct low cost sanitation units through sanitary

two pit pour flush latrines with superstructures and

appropriate variations to suit local conditions (area

specific latrines) and construct new latrines where

EWS household have no latrines and follow the

inhuman practice of defecating in the open. This

would improve overall sanitation in the urban areas.

The scheme covers all the EWS households, which have

dry latrines or having no latrines. The scheme

envisages 75% Central Subsidy, 15% State Subsidy and

10% beneficiary share and the upper ceiling cost of Rs.

10000/- for a complete unit of two pit pour flush

Chapter 2 Policy, Legislation and Regulation

95

individual latrine with superstructure. In States falling in the category of difficult and hilly

areas, the upper ceiling cost will be Rs. 12,500/- for one complete LCS Unit.

222...333... GGGooovvveeerrrnnnmmmeeennnttt ooofff KKKeeerrraaalllaaa::: PPPooollliiicccyyy,,, LLLeeegggiiissslllaaatttiiiooonnn aaannnddd RRReeeggguuulllaaatttiiiooonnn

222...333...111... PPPooollliiiccciiieeesss

2.3.1.1. Environmental Policy, 2007

The 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, and

to ensure sustainable and equitable use of environmental resources for meeting their basic

needs of present as well as future generations.

3. Ensure efficient use of environmental resources in the sense of reduction in their use per

unit of economic output, to minimize adverse environmental impacts.

4. Mitigate the damage already caused to the environment and the ecosystems by suitable

restoration/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 to

minimize their adverse environmental consequences and to integrate environmental

concerns into policies, plans, programmes, and projects for economic and social

development.

6. Apply the principles of good governance (transparency, rationality, accountability,

reduction in time and costs, participation, and regulatory independence) to the

management 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 mutually

beneficial multi-stakeholder partnerships between local communities, public agencies,

academic and research community, investors, and multilateral and bilateral development

partners.

The policy is to strengthen Panchayats to the maximum extent, and gradually pass on to them

the control and governance of those things that matter most to the people. The policy

foregrounds people, and their participatory involvement.

2.3.1.2. Kerala State Water Policy 2007

The ownership of water resides with the State as a publicly owned resource with entitlement

for individuals, communities and service providers to use water without owning it. In order to

conserve and manage water, micro-watershed has been considered as a basic unit and river

basin, as an integrated unit of micro-watersheds, shall define water rights and regulate water

use. This will facilitate a resource-based approach, user participation and a sustainable and

equitable water resource management.

The major objectives of this Policy are to:

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

58

• Adopt integrated and multi-sectoral approach for planning, development and management

of water resources

• Consider micro watersheds as the basic unit for the conservation and optimal utilization of

water resources for achieving resource sustainability

• Integrate the problems and prospects of water resource systems by considering river basin

as the basic unit

• Emphasize the importance of comprehensive watershed conservation and management

plan, water quality management plan, long-term sub-basin and river basin operation and

monitoring plan and State water resource plan

• Enable appropriate institutional mechanism and legal measures for sustainable water

resource development and management.

The policy envisages the following parameters and initiatives

• The State shall follow the following priority for allocating water among the various

categories 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 steps

for the sustainable management and development of each river basin.

• The State shall establish a well-defined transparent system for water entitlements

according 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 be

primarily utilized for public benefit and individual’s interest shall not be allowed to take

precedence over public interest. The commercial exploitation, use and transactions of

water 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 all

irrigation projects, Participatory Irrigation Management (PIM) shall be implemented. Water

audit shall be made compulsory for all the projects.

• A state-level master plan for water resource development and management shall be

prepared by compiling the status and action plans in each micro watersheds, sub basins and

river basins in a hierarchical form.

• Rainwater harvesting shall be given priority and promoted especially in the coastal and

high range regions. Special incentives and support shall be extended to Local Self

Governments and institutions for popularizing rainwater harvesting structures.

• There shall be specific plan of actions for implementing location specific sewerage system

in all urban areas and appropriate sanitation systems in all rural areas.

• The effectiveness of existing regulatory measures brought about for controlling sand mining

may be reviewed and made more effective and participatory in nature.

• The implementation of projects for mitigating the problem of coastal erosion shall be

undertaken based on detailed coastal zone management plan and in consultation with the

respective Local Self Governments.

• The existing institutions for governing water resources shall be reviewed with a view to

attending to water resources on the basis of river basins and watersheds so as to ensure

responsibility for protection, conservation, development and management of the resources

of rivers. The reconstitution shall be done in such a manner that it facilitates technical

Chapter 2 Policy, Legislation and Regulation

95

support to Local Self Governments in water sector. Water Users Association /Group and

such other informal organizational mechanisms shall be considered for facilitating

sustainable and equitable distribution of water resources.

• The Panchayati Raj institutions shall be capacitated for fulfilling their responsibilities in

water 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 the

operation and maintenance charges for providing the service. The subsidy on water rates to

the 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, transfer

of irrigation systems to users, use of irrigation water for drinking purpose, water pricing and

subsidy norms, water conservation and harvesting, reconstitution of institutional mechanism

etc. In the context of Local Governments, Micro-watershed as a planning unit is one of the key

recommendation of this policy, which could be adopted for mainstreaming natural resource

considerations into development planning.

2.3.1.3. Kerala Biotechnology Policy

It is designed to catalyze the development and application of BT, taking advantage of the

State’s resources and emphasizing its specific needs while meeting global requirements. The

policy is aimed to ensure rapid exploitation of pipeline technologies and opportunities

available in the State to products and processes and to promote the sustained build-up of an

elite knowledge cadre and knowledge base through the strengthening and creation of

educational and R&D institutions, establishing infrastructure and putting in place

administrative, regulatory, legal and financial framework conducive for investment and growth

of 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 centres

of education and R&D in biotechnology by upgrading existing institutions and/or organizing

new entities in the public and private sectors

• Apply biotechnology tools to:

(1) enhance the value with adequate assurance of quality in the State’s export-oriented

resources such as spices and related plantation crops, sea foods and marine resources;

(2) upgrade productivity and evolve new application in rubber, coconut, tuber crops and

develop novel internationally competitive products;

(3) ensure the sustainable and eco-friendly exploitation of the State’s forest, animal and

marine wealth;

(4) boost the State’s renowned health care practices of Ayurveda by synergising traditional

knowledge with the scientific validation and technical product profiling and clinical data

base and by evolving means to conserve and substantially use one of world’s most-valued

biodiversity treasures located in the State.

(5) promote traditional tribal and ethnic knowledge in medicine and other areas of human

welfare by scientific validation and facilitating intellectual property rights.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

60

(6) develop recombinant DNA and other modern technologies to combat the major health

hazards of the State such as cancer, diabetes and cardio-vascular and other physiological

disorders; to develop diagnostics and vaccines for overall healthcare as well as to protect

the 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 Policy

The 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 of

historical trends, liking for homestead type development, comparatively developed

infrastructure in urban and rural areas, availability of subsoil water etc can be considered as

both a prospect and a problem. The urban spread demands more investment in infrastructure

development and may result in depletion of agricultural areas. This trend may also increase

transportation costs and energy consumption. The dispersed settlement system prevent

primate city development and metropolitan city development and the problems connected

there with. The rural to urban migration which accentuates urban problems and urban poverty

is marginal in the state. The important aspects of the policy are the following:

• Acknowledges the poor resource generation capabilities of the ULBs

• Government to perform the regulatory tasks

• Feasibility of outsourcing of service, privatization, Public Private Participation (PPP)

involvement of co-operatives and NGOs

• Constitution of an Urban Regulatory Authority (URA), entrusted with the responsibility to

ensure private sector participation in municipal services, prevent monopolies in municipal

services, maintain quality of services, ensure reasonable cost of public services

• Statutory powers to URA

• Unified legislation on Town and Country Planning with wider provisions for preparation of

State Spatial Development Plans, Regional Development Plans, District Development Plans,

Urban Development Plans and Special Area Development Plans

• Reservation of the right to designate critical land for its best use to government

• Regulation of indiscriminate conversion of low lying urban areas using policies arrived at

based on scientific studies

• Levying development charges on every land transaction, new construction, and new

commercial ventures that are coming up in any project area

• Permission to high rise-high density developments only in areas where the infrastructure is

well developed and/or the infrastructure capacity could be augmented without creating

imbalance

• Conservation of rich heritage structures and areas

• Development of parks and open spaces including those of specialized nature such as

amusement parks, recreational walkways etc.,

Chapter 2 Policy, Legislation and Regulation

95

• Approval for major development projects linked to their Environmental Impact Assessment

(EIA) statements

• Judicious land use planning adopting poly nodal planning approach

• Feasibility of private sector participation for projects in transport sector

• Highlights the role of ULBs in water supply, drainage and hygiene

• Changeover of the accounting system in ULBs and conversion to double entry book keeping

system as a priority area

• Greater autonomy to Urban Local Bodies in the fixation of taxes, rates, user charges etc

while removing chances of misuse, arbitrariness etc.

• Augmentation of Municipal finance through floating of Municipal bonds

• Review of the existing organizational structure under urban administration

• Review and bring in required modifications in terms of professional capability and technical

competence

2.3.1.5. The Kerala Energy Policy

This policy is directed towards a greater thrust on overall development and promotion of

renewable energy technologies and applications. “Renewable Energy” or “non-conventional

energy” refers to energy from sun (thermal and photovoltaic), biomass (direct burning,

gasification or methanation, including municipal solid waste) small hydel power plants upto 25

MW 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 the

long-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 and

project clearance.

o Decentralised and microlevel power generation through renewable energy sources to

reduce 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 wave

energy resources and designate ANERT as the State Nodal Agency for coordinating all activities

relating to Renewable Energy Development. It also identifies all power producers, generating

grid-grade electricity (quality of power produced should be equal or above the quality of

power in the grid) including power producers from ‘stand alone projects’ using Non-

conventional Energy Sources, are ‘eligible producers’. Companies, co-operative, partnerships,

Local Self Governments, registered societies, NGOs, individuals etc. would also be eligible

producers.

Energy conservation is a cheaper way to produce power. To this end,

o Fluorescent and Compact Fluorescent Lamps (CFL) are made mandatory in all new

Hospitals, Hotels, Government Offices and offices of Public Sector undertakings. In the

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

62

case of existing Hospitals, Hotels, Government Offices and Offices of Public Sector

undertakings, where incandescent lamps are used at present, the same should be replaced

by Fluorescent and Compact Fluorescent Lamps of prescribed quality within a period of 2

years from the date this policy comes into force. ANERT should ensure this with the help of

Local Self-Governments and other Governmental organizations.

o Solar Water Heating Systems are made mandatory in all Lodges and Hotels having 10 or

more rooms and in hospitals with 20 beds or more.

o Energy efficient devices such as, Improved Community Chulhas, gasifiers, etc. are made

mandatory in all Hotels, Hostels and Schools with noon meal scheme and in all industries

where firewood is used as a fuel.

Choice of Green Pricing is given to interested customers, who choose to pay extra for the

energy generated from Renewable Energy Sources (Green Energy).

2.3.1.6. Kerala Fisheries Policy

Kerala with a total terrestrial area of 38000 km2 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 as

far 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 in

the 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 marketing

of 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 outboard

engines 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 boats

fishing 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 where

traditional country boats operate.

• Proposal for a Coastal Development Authority which provide maximum benefits to the

fisher men operating in coastal areas and inland waters.

• Steps for regulating the excess number of boats in the Kerala seas in consultation with

experts, sectoral leaders and people’s representatives.

• Ensure inclusion of only actual fishermen in the annual list of fishermen prepared by the

Fishermen’s Welfare Fund Board.

• Supply of identification cards with photographs to all fishermen, ensuring that ineligible

people do not get the benefits meant for fishermen.

• Time-bound-program to provide houses to actual fishermen with assistance from Central

Fishermen’s Welfare Board, Hudco and other housing finance agencies.

• Provide sanitation facilities in all fishing villages and installation of solar lamps in fishing

villages where electricity is yet to reach.

• Setting up of Matsyabhavans in coastal panchayats as agencies/ single window system for

satisfying the various needs of the fishing communities.

Chapter 2 Policy, Legislation and Regulation

95

• Entrust the responsibility of scrutinising and approving fisheries related projects of the

Local Governments to the officers of the Fisheries Department, Matsyafed or Adak

considering them as Technical Experts.

• Treat fish production, aquaculture and related activities as agricultural occupations for all

practical purposes and extend the benefits given to farmers for electricity, water and other

basic amenities to fisheries sector also.

• Preparation of map of water bodies suitable for aquaculture with the help of Local

Governments 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 under

the 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 like

integrated fish farming in inland waters, game fisheries etc.

• Construct artificial reefs in the sea and lakes, sawing fish seed in public water bodies etc

for 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 of

paddy-fish, paddy-prawn combinations. Organize awareness programs through ADAK to

ward off any fears of harm to the paddy cultivation and employment loss.

• Impose restrictions and controls on importing fish/prawn seed from hatcheries outside the

state 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 and

Indian Fishing Act suitably and incorporating the provisions for development of inland

fisheries.

• Steps for obtaining licence from the National Aquaculture Agency for cultivation of prawn

in areas under CRZ.

• Promote aquaculture maintaining the ecological balance as per the guidelines of the

National Aquaculture Agency.

• Stipulate the handing over of inland waters under their administrative control of

Panchayats, Municipalities, and Corporations only to the FFDA, for short term lease, five to

seven years, and for long term lease, fifteen years or more.

• Undertake fish farming in natural water bodies through fish farmers groups with training

and organizational support of the FFDAs.

• Assess and re-register fixed nets and Chinese nets under the proposed Inland Fisheries Act

considering the importance of maintaining ecological balance of the estuaries.

• Remove all the existing unlicensed nets in phases within the next five years, without taking

into account the nature of ownership. However, those nets that have been operated for

more than ten years and licensed to Welfare Organisations will be protected.

• Launch Fisheries Tourism utilizing the potential of reservoirs, lakes, ponds, rivers and

rivulets 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 be

taken to attract foreign tourist to such areas with the help of angling associations.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

64

• Conduct seminars and exhibitions for awareness building on the potential of development

of ornamental fisheries.

• Develop mangroves on the beaches of lakes to conserve the genetic diversity of fish which

is facing the threat of extinction.

• Promote aquaculture including cultivation of prawns, crabs etc. in the lakes (Kerala has

about 20000 hectares of lakes suitable for aquaculture development) with the assistance of

Brackish 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 Local

Governments.

• Organize small self help groups of unemployed women among the fishing communities and

impart job-oriented training to them.

• Launch a special literacy program concentrating on fishing villages and provide assistance

to women’s associations of the community for activities on empowerment of women.

• Launch special projects for providing safe drinking water in fishing villages including

projects to harvest rain water, incentives for the education of the children of the fishing

folk covering vocational courses in self-financing institutions also, steps to bring down the

rate of drop-outs in schools with the help of voluntary organisations, child care centres in

the fishermen’s villages to enable the girls who are compelled to stop education and act as

baby sitters where both the parents have to go to work.

2.3.1.7. The Kerala Industrial and Commercial Policy 2007

The policy spells out the thrust areas, methods of intervention and strategy for the promotion

and development of industrial and commercial activities in the State. The Policy does not

assign any specific role to the Local Governments in the promotion and development of

Industry and trade in the State, except promotion of micro and small enterprises using the

funds and unused land of Local Governments. It also mentions about sourcing of a reputed

consultant to identify the areas for utilising the entrepreneurship opportunities in the

Government/Quasi Government/Local Self Government/ Private Sector. The policy recognizes

the powers vested with Local Governments for establishment of infrastructural facilities and

other common facilities to enable the developments of Industries to enhance local economic

activities. 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 facilities

6. Facilitation centres for assisting entrepreneurs to identify appropriate products and

services

7. Formulation of viable project proposals complying the formalities with the Governmental

agencies during the preliminary stages, sourcing of raw material, management of

accounting function, marketing support, enabling institutional finance.

8. Facilitation for technical and technological support.

Chapter 2 Policy, Legislation and Regulation

95

The Local Governments has a lead role of facilitator in creating and sustaining entrepreneurial

environment with in the overall frame work of the Policy, focussing on the development of

household units, micro and small enterprises, and small business.

2.3.1.6. The Kerala Housing and Habitat Policy 2007

The 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 and

LIG categories and taking into account the need for development of supporting

infrastructure and basic services to all categories.

• Facilitate upgradation of existing decaying housing stock and deficient infrastructure of

villages, 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 and

infrastructure using innovative tools.

• Provide quality and cost effective housing and shelter options to the citizens, especially

the 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 specific

requirements of `green’ and sustainable housing.

• Guide urban and rural settlements so that a planned and balanced growth is achieved with

the 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 concern

for solid waste disposal, drainage, etc.

• Use the housing sector to generate more employment and achieve skill upgradation in

housing and building activity, which continue to depend on unskilled and low wage

employment 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 progressive

shift to part cost recovery-cum-subsidy scheme for housing needs of others, through a pro-

active financing policy including micro-financing, self-help group programmes.

• Facilitate restructuring and empowering the institutions at state and local governments to

mobilize land and planning and financing for housing and basic amenities.

• Forge partnerships between private, public and cooperative sectors to enhance the

capacity of construction industry to participate in every sphere of housing and urban

infrastructure.

• 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 in

formulation, design and implementation of the housing schemes.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

66

• Provide disaster resistant housing & habitat development from natural calamities like

cyclone, 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 monitoring

of building activity in the state through the office of the Housing Commissioner.

• Restructure and strengthen the Kerala State Housing Board and KESNIK and network of

Nirmithi Kendras.

• Strengthen initiatives for creation of scientific and periodic data base on socio-economic

and technological aspects on Housing Sector in Kerala and strengthening the office of the

Housing Commissioner.

• Ensure that the Housing Department and its agencies will take up a responsible role in the

accomplishment of State initiated “EMS Sampoorna Parpida Padhathi”.

• Remove bottlenecks and impediments related to legal, regulatory framework and

revamping the existing laws and regulations to provide facilitating environment for housing

initiatives.

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 group

• support public/private/NGO/CBO sector participation in direct procurement of land for

EWS groups.

• plan expansion and creation of infrastructure services like network of roads for safe and

swift 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, rain

water harvesting, etc. through direct efforts and incentivising the private/voluntary sector.

• plan housing complexes and industrial estates which include a provision for hostel

accommodation for working women, crèches and day-care centres.

• Implement central and state sector schemes and programmes pertaining to housing and

infrastructure 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 level

222...333...222... AAAccctttsss aaannnddd RRReeeggguuulllaaatttiiiooonnnsss

2.3.2.1. Kerala Panchayati Raj Act 1994

The Kerala Panchayat Raj Act introduced in 1994 gives vast powers to the Local Self

Governments (LSGs) for the protection of environment. The salient features of the Act are

given below:

• All water bodies including rivers, lakes, water bodies, thodu, and canal, irrigation

drainage, well, ponds etc and its banks are vested with the LSGs and their protection is the

responsibility of the LSG.

Chapter 2 Policy, Legislation and Regulation

95

• LSG shall, as per section 219A, make arrangements for the

o 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 operators

o Providing specified storage facilities for the solid wastes generated and collecting

the wastes therein.

o Keeping the storage facilities neat and disposing the waste as per the notice of the

Secretary of respective LSGs.

o Segregating and storing the waste as per the instructions of the Secretary for

convenience of the waste collector.

o Delivering the waste so collected to the persons notified by the LSG or to

community storage facilities.

o Entering into with persons /establishment by the LSGs for removal of wastes from

their property as per the agreed terms and conditions.

o Providing house-to-house collection system by the LSGs

o Owning the solid waste generated as the property of the LSGs.

o Notifying and acquiring suitable land for final disposal of solid wastes taking into

account the environmental suitability

o Providing facilities for the conversion of waste into fertilizer and its sale

o Disposing wastes unsuitable for conversion to fertilizer in secured landfill.

o Incinerating the bio-medical wastes generated in specified hospitals and hazardous

wastes generated except from industries

o Providing recycling, treating and disposal facilities by the LSGs through public-

private participation.

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 other

than notified for the purpose.

There are provisions in the Act for

• Punishment with a penalty not less than Rs.50 and not more than Rs.250 for violation of the

provisions

• Insisting 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 for

obtaining expert opinion on the nuisance caused

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

68

The LSGs, in general, lack motivation and initiatives for taking measures to protect environment

and prevent pollution. Irrespective of various measures, the environmental actions required to be

initiated at the grass-root level are not in the priority list of LSGs. This is because of the lack of

information and education on the implications of poor environmental upkeep. The level of

technical support and dissemination of appropriate technology for environmental solutions are also

not commensurable with the requirement. Therefore, there is no considered demand or initiatives

by the LSGs for addressing environmental issues. The proposed ESMF shall change the scenario

• Obtaining report from the District Medical Officer in case of industries which may cause

pollution.

• LSGs to take charge of water supply and drainage and be responsible for planning and

implementation 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.

2.3.2.2. Kerala Municipalities Act 1994

The sections 315 to 492 of the Municipalities Act 1994 provide adequate powers and functions

to the Municipalities for the prevention and control of environmental pollution. These

provisions are similar to that of Kerala Panchayat Raj Act 1994. The Kerala Municipalities Act

provides powers on the Municipality and requires the public to do certain activities with

utmost care without damaging the environment. The salient aspects of the Kerala

Municipalities (Act) 1994 are given below. Accordingly, the Municipalities are:

• Vested with the services of water supply and sewerage

• Empowered to prepare& implement water supply and sewerage schemes

• Required to provide public latrines at convenient places and the same cleaned and kept in

proper order on a daily basis.

• Authorized to direct the owner of the building, market, bus stand etc to provide latrine

and 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 wastes

are the property of municipality

o Provide provision for processing of wastes.

o Collect contribution from those responsible for the places of pilgrimage etc for the

facilities 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 public

places other than specified.

Chapter 2 Policy, Legislation and Regulation

95

o Punish 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 streets

• Regulate 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 when

Government or its agency consult the municipality

• Obtain report from the District Medical Officer before granting /refusing license to

industries likely to cause pollution.

2.3.2.3. Kerala Panchayat Raj (Issue of License to Dangerous & Offensive Trades &

Factories) Rules, 1996

The 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 Kerala

Panchayat Act 1994 imposes certain restrictions for establishment and operation of certain

types 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/factories

• The industries/trades in its Schedule require license of the LSGs

• LSGs 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 Fire

Officer for ensuring precautionary measures against outbreak of any fire

• LSGs to refer the application for license to certain industries/trades to the Health

department for its clearance, in order to examine the likelihood of any problems of liquid,

solid or gaseous pollution and to avoid the same

• Empower the LSGs to issue necessary direction for the abatement of nuisance caused by

the operation of dangerous and offensive trades and factories. The power includes

direction for abatement of vibration, for prohibition of use of a particular fuel, for

restriction of operation of noise producing machinery or factory between 9.30 p.m. and

5.30.a.m.

• Licensee shall comply with the instructions for disposing the wastes generated safely and

for 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 and

disposed of to the satisfaction of the Secretary.

The system of issuing license has not been backed up with technical know-how or awareness on

implications of the project implementation. The referral system to obtain the opinion of

various specialized department is often not working smoothly, as there is significant delay and

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

70

lack of coordination. The LSGs lack expertise even to integrate the opinions of different

departments and arrive at a comprehensive understanding on the implications of the decisions,

if implemented. The rule necessitates obtaining opinion on possible pollution from the

Department of Health, but they lack information and knowledge on these aspects. The

Pollution Control Board, who has expertise at the district level to make opinion on pollution

level, has not been incorporated into the referral system, thus foreclosing the possibility for

predicting the pollution potential. Therefore, either a single window approach at the district

level under the District Panchayat or an Expert Committee at the district level to seek advice

and suggestions for the LSGs to arrive at a decision is necessary.

2.3.2.4. The Kerala Municipality Building Rules, 1999

The Kerala Municipality Building Rules 1999 lay down certain restrictions on construction of

buildings for the protection and conservation of environment. The salient features of the rules

are:

• Necessity of permit system for development and construction of building.

• Requirement for the removal of all rubbish, refuse and debris from any plot or plots

immediately 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 of

India as Costal Regulation Zone under the Environment (Protection) Act 1986

• Prohibition of development or construction in a plot liable to be flooded or located on a

slope forming an angle more than 45 degree.

• Keeping sufficient land unpaved or sufficient opening/ditches in the land to allow

percolation of rainwater in the plot itself.

• Providing 10% of the total area for recreational space and a minimum of not less than 2

acre of open space as a single piece, while developing a plot more than 50 acres

• Providing sanitation facilities for various types of buildings as specified in the rule

• Requiring prior approval of the State PCB for discharge of industrial effluents and sewage

• Requiring clearance from the State PCB for occupying hazardous materials

• Curb on allowing leach pit, soak pit, earth closet or septic tank within a distance of 7.5 m

radius from existing well or 1.2 m from the plot boundary.

• Requiring making roof top rainwater harvesting arrangement as an integral part of all new

building or extension.

2.3.2.5.The Kerala Protection of River Banks & Regulation of Removal of Sand Act,

2001

The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 was

introduced to protect the river banks and river beds from large scale dredging of river sand

and 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 of

property and biophysical productivity. The salient features of the Act are:

Chapter 2 Policy, Legislation and Regulation

95

• Constitution and composition of District Expert Committee (DEC) with District Collector as

Chairman, Executive Engineer of Irrigation Dept as Convener and elected representatives of

LSGs, officials of line depts. and environmentalists as members

• Constitution and composition of Kadavu Committee with the President/ Chairman/ Mayor

of the concerned LSG as the Chairman/Chairperson, Secretary of the concerned LSG as

Convener, concerned elected members of the LSG representing the area, officials of line

departments and environmentalists as members

• Prescribes the powers and functions of the District Expert Committee which includes:

o Identifying a Kadavu or river in which sand removal may be permitted

o Fixing the quantity of sand that can be removed from a Kadavu or river bank based

on the guidelines of expert agencies like CESS and CWRDM

o Controlling the transportation of sand from kadavu or river bank

o Closing a Kadavu or river bank for sand removal

o Ensuring protection of river banks and preventing encroachment

o Ensuring the performance of Kadavu Committee

o Advising the government on measures to protect the biophysical environment of

rivers

o Recommending ban on sand removal from any Kadavu during any season

o Carrying out directions of the government

• Convening the meeting of the DEC at least once in three months

• Stipulating the quorum for DEC meeting as one-third of the total strength of the DEC

• Prescribes the powers and functions of the Kadavu Committee which includes:

o Supervising and monitoring all activities of sand removal

o Recommending to the DEC on the following matters namely:

o Suitability of the Kadavu or river bank for sand removal

o Quantity of sand that may be removed from a particular Kadavu

o Additional measures to be taken for the protection of Kadavu

o Necessity to ban sand removal during any season

o Recommend to the LSGs for publication of list of country boats used and laborers

engaged in sand removal

o Carry out the instruction issued by the government and the DEC

The general conditions of the Act include:

• Obtaining passes from the Geology dept based on stipulated conditions

• Restricting sand removal operation between 6 am and 3 pm.

• Arranging sand removal operations by the LSGs

• Prohibiting sand removal operation within 10 m of the river bank and up to 500m from any

bridge or irrigation project

• Prohibiting the parking of lorries within 25m of the river bank

• Restricting sand removal within the quantity fixed by DEC

• Preventing the use of certain pole scooping and mechanized method for sand removal

• Avoiding sand removal from areas where saline water intrusion possibility exists

• Preparing a River Bank Development Plan by the DEC and obtaining government approval

for the same

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

72

• Maintaining a River Management Fund by the District Collector with contributions from the

LSGs to the tune of 50% of the amount collected from the sale of sand

• Entrusting Mining & Geology Dept for issuing passes and conditions thereupon.

• Penalty for contravention to the tune of imprisonment for a period extending up to 2 years

or fine extending up to Rs.25,000/- or both with additional fine extending to Rs.1,000/- for

every day during which the contravention continues

• Penalty for abetment of offences and confiscation of vehicles for transporting sand without

compliance

• Stipulating powers of the government to make rules, conduct inspection, periodical

measurement of the sand available for removal

2.3.2.6. The Kerala Groundwater (Control & Regulation) Act 2002

The Kerala Groundwater (Control & Regulation) Act 2002 came into existence on 16-03-2004

vide G.P.(P)No. 17/2004/WRD to provide for the conservation of groundwater and for the

regulation and control of its extraction and use in the State of Kerala. It is also for regulating

the tendency of indiscriminate extraction of groundwater which result in undesired

environmental problems in such areas.

The Act provides for notifying areas for the control and regulation of groundwater

development. Accordingly out of 152 blocks in the State, 5 blocks have been categorized as

overexploited. They are Athiyannur, Kodungalloor, Chittoor, Kozhikode and Kasargod. The

categorization 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 draft

for all uses in MCM divided by the net groundwater availability in MCM. Fifteen blocks are

declared as 'critical' and thirty blocks comes under 'semi critical' category. This indicates the

grave 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 of

any area, declare by notification in the Gazette such area as notified area, with effect from

such date as may be specified therein.

Any person desiring to dig a well or convert the existing well into a pumping well, for his own

or social purpose in the notified area, shall submit an application before the authority for the

grant of a permit for the purpose and shall not proceed with any activity connected with such

digging or conversion unless a permit has been granted by the authority. The Act also provides

for the registration of the existing wells in the notified area in the State. The Act also provides

for the registration of user of groundwater For this purpose all open wells fitted with 1. 5 HP

or 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 quantity

of 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 materials

excavated there from.

Chapter 2 Policy, Legislation and Regulation

95

(iii) To take samples of such soil or other materials or water extracted from such wells.

(iv) To require by order in writing the persons digging a well to keep and preserve in such

manner as may be prescribed the samples of soil or materials extracted from there.

(v) To examine and take copies of the relevant records

(vi) To require the user of groundwater to install water measuring instrument in any water

supply machinery.

(vii) To seize the equipments and instruments used for unauthorized digging and to destroy

partially or completely the work done.

(viii) To require any user of groundwater who does not comply with the provisions of this act

and the rules made thereunder to stop any water supply or to destroy any hydraulic

work 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 medium

projects. There is also requirement of permission from Local Governments even for small scale

projects 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 water

related matters. The provisions contained in the constitution seventy-third and seventy-fourth

amendments bills 1992, gives the Local Bodies to take appropriate action in matters related to

drinking water, water supply for domestic, industrial and commercial purposes, minor

irrigation, water management and water shed development.

The Kerala Groundwater Act is silent on the role local government in implementing the various

provisions of the Act. Now all powers are vested with the Groundwater Authority. This is

against 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 matters

related 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 2003

Local self Governments and water resources department of the State now control the

management of water resources in Kerala. Panchayati raj Act and Kerala Irrigation & Water

Conservation Act 2003 are the legislations empowering these institutions. Government

intervention in the water resources sector can be broadly classified into two sectors:

1. Controlled distribution of water for agriculture

2. Water resources preservation & development

Water resources department has storage and distribution of water for agriculture as one of its

main functions. The department also undertakes works related to the preservation of water

bodies and river training works. Inland navigation and coastal protection are other areas being

attended to by the Water Resources Department. As irrigation plays an important role in the

growth of agricultural income of the State, planned development of irrigation that started in

the early fifties focused mainly on large irrigation projects. Of late, 14 to 17 percentage of the

investment under irrigation is being utilized for Minor Irrigation Schemes. As per the

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

74

Panchayati 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 local

Governments as per Panchayat raj Act, 1994. However, local self Governments seem reluctant

to plan major investments for revival of agriculture, resulting in paddy fields getting filled up

or put to other uses. Technical expertise at the disposal of local Governments is also limited to

plan large schemes for irrigation.

Present day challenges in the water sector include prioritization of water usage, riparian

rights, prevention of pollution, preservation and development of resources. So far, we were

considering rivers and water bodies as easily exploitable resources. Kerala Irrigation and Water

Conservation Act has strong provisions against encroachment of water bodies, unauthorized

drawal of water from water sources and pollution of water bodies. However, as per the

Panchayat 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 in

the water sector of the State.

Management of water resources should start at the micro watershed level. Managing a river is

essentially 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 and

procedures need thorough revision. Kerala Irrigation and Water Conservation Act envisage

formation of basin organizations. How these organizations can be set up integrating the

functions of Water Resources Department and Local Governments should be thought of. A

model would be to have 44 River Organizations, 4 Basin Organizations and one apex body at

State level. Representatives of all the Panchayats through which a river flows shall be

members of the river organization. All the water bodies in the basin can come under the river

organizations. Agriculture, fisheries, Animal husbandry, pollution control and industries can be

part of the river organizations. Availability of water, permission for usage of water to new

applicants, 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 in

water management available with Water Resources Department shall be thus integrated to

make it available for the local bodies. Problems associated with the life of rivers such as

maintaining minimum flow, prevention of unauthorized sand mining and such other issues can

be better addressed with the formation of the river organizations where the stake holders are

well 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 major

irrigation projects. This can also be integrated at Panchayat level through the River

Organisations.

2.3.2.8. The Kerala Bio-diversity Rules, 2008

This 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 state

Biodiversity Boards. The salient features of the rule are given below:

Chapter 2 Policy, Legislation and Regulation

95

• Define and detail the functions of the State Biodiversity Board including documentation,

studies, research, programming and state biodiversity fund

• Define the procedures for utilization of biological resources and their equitable sharing,

establishment of heritage sites, and management committees at various levels

• Provision 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 Management

committees as well as Biodiversity Register database and utilization of Local Biodiversity

Fund

2.3.2.9. The Kerala Conservation of Paddy Land and Wetland Act, 2008

The Kerala Conservation of Paddy Land and Wetland Act, 2008 is intended to conserve the

paddy land and wetlands and restrict their conversion or reclamation, with an aim to promote

growth in the agriculture sector and sustain the ecological balance. The salient aspect of the

Act is that it adequately empowers the Gram panchayat/Municipality/Corporation to protect

the alarmingly reclaimed/converted paddy land and wetlands.

The Act envisages functioning of a Local Level Monitoring Committee in each gram

panchayat/municipality/corporation with President or Chairperson/Mayor of Gram Panchayat

or the Municipality/Corporation, Agriculture Officer of the Krishibhavan in the Gram

Panchayat/Municipality/Corporation, Village Officers having jurisdiction in the area, and three

representatives of farmers nominated. The Chairperson of the Committee is the

President/Chairperson/Mayor of Gram Panchayat/Municipality/ Corporation and the Convener

is the Agriculture Officer. The Committee examines the reason for keeping the paddy land

fallow and to suggest remedial measures for cultivation in the land. They prepare a data bank

with details of the paddy land and wetland, for formulating detailed guidelines for protection

of paddy lands/wetlands, and collecting the details of paddy land reclaimed in contravention

of the provision of the Act. They also recommends to the State Level Committee or District

Level Authorized Committee for the reclamation of paddy land for public purpose or for

construction of residential building for the owner of the paddy land.

The District Level Authorized Committee, with Revenue Divisional Officer, Principal Agriculture

Officer and three nominated paddy cultivators, is constituted for considering the applications

for reclamation of paddy land for the construction of residential building to the owner, and the

State Level Committee, with Agriculture Production Commissioner, Commissioner of Land

Revenue, and a Scientist in the field of paddy cultivation, is constituted for considering the

applications for filling up or reclamation of paddy land for public purpose. As per the Act, the

Local Level Monitoring Committee is responsible for ensuring that the conversion/reclamation

shall not adversely affect the ecological condition or the cultivation in the adjoining paddy

land, and that the application is genuine. The Act has clearly points out that no exemption

shall be granted by the Government for conversion or reclamation of paddy land for public

purpose unless the Local Level Monitoring Committee has recommended the conversion or

reclamation.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

76

In addition to safeguarding the valuable paddy land and wetlands, the Local Level Monitoring

Committee is authorized by the Act to direct the holder of any paddy land which is

uncultivated and left fallow to cultivate it by himself or through any other person of his

choice, with paddy or any other intermediary crops. If the holder of the paddy land grants

permission to cultivate the said paddy land, the Local Level Monitoring Committee may

execute an agreement between the panchayat and the holder of paddy land entrusting the

paddy land to the Panchayat either to cultivate or to get it cultivated for a fixed period. It is

the duty of the Gram Panchayat/Municipality/ Corporation to entrust the right to cultivate by

auction 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 for

carrying out any activity or construction in a paddy land or a wetland converted or reclaimed

in contravention to the Act.

2.3.2.10. Draft Public Health Act for Kerala 2009

The act envisages a State/District Health Board as a supervisory authority for monitoring the

implementation of the Public Health Act at the State/District level respectively. It also

envisages 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. The

Government 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 shall

be 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 domestic

purposes as the obligation of local government. It also enables the local authority to levy any

tax which may be necessary for providing water supply in such area. The responsibilities of

local authority includes providing and maintaining sufficient and satisfactory system of public

drains for the effectual draining of its local area and prohibition on letting out sullage or

sewage into drain or streets, discharge of Injurious refuse into public drains and pollution of

water courses. The act necessitates every local authority to provide and maintain sufficient

number of sanitary conveniences for the use of the public in proper and convenient places. It

makes mandatory for every local authority to carry out such measures pertaining to National

and 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 insects

are breeding or likely to breed and to control or destroy insects, to prevent spread of

contagious diseases. As per provision, no person shall establish or maintain a market or other

food handling institutions or halt without a license from the local authority. There are also

provision for regulating fair or festival.

222...333...333... PPPrrrooogggrrraaammmmmmeeesss

2.3.3.1. Food Security Mission

During Eleventh Plan a major thrust was provided for the revival of the agrarian economy of

the State through augmenting production of food crops as well as milk and egg production in

Chapter 2 Policy, Legislation and Regulation

95

the state. A major project was launched during 2008-09 for the implementation through a

convergence approach. In order to further support the project by exploiting the regional

potential during 2009-10 it is proposed to support location specific sub projects. A detailed

project report has to be prepared for approval of the State Planning Board. The ongoing

schemes on Rice Development, support from macromangement, national food security mission,

vegetable development, interest subsidy and other food security related projects including lift

irrigation would be linked with the project. A separate provision for the rehabilitation of lift

irrigation schemes for irrigating paddy has been provided under irrigation. The additional

support is provided to fill the critical gaps. The project has to be integrated with food security

projects under Animal husbandry, Dairy development and Fisheries. Appropriate mechanisms

would be introduced to link with the schemes of local governments in food security.

2.3.3.2. Malinya Mukta Kerala Action Plan

The “Malinya Mukta Keralam” (Waste-free Kerala) Campaign was launched on Gandhi Jayanthi

day in 2006. The important activities taken up under the Campaign include: -

• Intensive cleaning of public institutions like schools, hospitals and anganwadis, public

places like colonies, markets etc, removal of stagnant water, awareness building among

Self-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, about

150 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 is

estimated 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 the

Local Governments to move on from the Approach Paper to an Action Pl an. Altogether 420

experts 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 and

one 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 at

the level of the Village Panchayat.

• Elaborate capacity building effort.

• Ban on plastic carry bags up to 50 microns in thickness which was made effective for

articles with thickness up to 30 microns, based on a High Court direction.

• Elaborate consultations with all stakeholders and Local Government leaders to make the

ban effective.

• Priority to solid waste management and sewerage in mega projects under the ADB assisted

Kerala Sustainable Urban Development Project and the Government of India assisted

JNNURM and UIDSSMT.

• Projects under Total Sanitation Campaign (TSG) have been restructured to include a solid

waste management component.

Malinya Mukta Keralam Campaign has succeeded in creating the right environment for a Mission

mode Action Plan to achieve the goal of Clean Kerala, which was launched on 1st November

2007. The activities outlined in this Action Plan as part of Suchitwa Mission include

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

78

implementation 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, anganwadies

o Setting up and upgradation of solid waste management facility

o Remediation for solid waste processing & disposal facility

o Incorporating waste management measures for slaughter houses

o Mitigation of special waste management issues

o Establishment of Regional Engineered Land Fill

o Liquid waste management systems for institutions

o Liquid waste management systems for colonies

o Public sanitation facilities

o Incentives for local governments and institutions for improved performance in santiation

o Awareness campaigns

2.2.3.3. Animal Husbandary

Commercial Dairy and Milkshed Development Programme: The Eleventh Plan target of milk

production is set at 35 lakh tonnes, compared to the achievement of 2005-06, a 70 per cent

increase in milk production is targeted in Eleventh Plan. A transition from subsistence dairy

farming to viable commercial diary farming, with technology support is imperative for

enhancing production and productivity. Support of technological and marketing interventions

will be given focus in Eleventh Plan. The scheme was one of the components of the State Food

Security Project launched during 2007-08, the first year of the Eleventh Plan. This outlay for

2009-10 will be utilized for extending the promotion of commercial dairy units to more

selected milk shed and other potential areas. A portion of the outlay is set apart for providing

milking machines to dairy farmers.

2.3.3.4. Plantation Development

Improving productivity of plantations: The objective of the scheme is to enhance the

productivity of existing plantations, to promote forest activities and practices by combining

with agriculture, so that the pressure on forest eco-system due to the increased social needs is

gradually reduced. About 2.20 lakh ha of forests are under plantations of various species, the

main species being teak cover an extent of approximately 75000 ha. It is proposed to cultivate

indigenous pulpwood species with multiple uses utilising certified seeds, clonal technology,

root trainer technology and following appropriate silviculture techniques to ensure optimum

productivity.

• Hardwood Plantation: This component is for raising and maintaining long duration

hardwood species like rose wood, kambakam, vellakil and other hardwood plantations. It is

proposed to raise 100 ha new plantations and maintenance of 900 ha plantations. The

expenditure on re-plantation of teak would be met from the teak revolving fund. The

outlay will be used for the replantation and maintenance of other hardwood species.

• Industrial raw material Plantation: The harvested areas of eucalyptus, acacia, manjium and

other forest growing species which supply industrial raw materials will be replanted and

maintained under the programme. The provision is for raising and maintenance of 1200 ha

of pulpwood plantations and for raising other industrial raw material species. The outlay

Chapter 2 Policy, Legislation and Regulation

95

will also be utilised for the maintenance of the five central nurseries, and production of

seedlings.

2.3.3.5. Housing Schemes

Reconstruction of One Lakh Housing Scheme (MN LAKSHAM VEEDU PUNARNIRMANA

PADHATHI): One lakh housing scheme was launched in 1972. The present condition of most

of the houses so constructed is very pathetic mainly because of three decades of ageing

without routine repairs and maintenance. The estimated cost of renovation of one house

amounts 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 balance

amount shall be met by the Local Bodies/voluntary organizations/ philanthropic individuals.

Suraksha Housing Scheme: Under this scheme, assistance will be given to houseless persons

owning at least 2 cents of land to construct a house by themselves. The voluntary

organizations/NGOs shall give assistance to the beneficiary to build the structure up to roof

level and the government subsidy shall be disbursed on completion of the roof. The financial

pattern of the scheme is as follows: Share of beneficiary Rs 25000/-; Share of voluntary

organization Rs 50000/-; Government subsidy Rs 25000/-

2.3.3.6. Wetland Eco-restoration Programmes

Wetland conservation has been a programme in the list of central plan schemes since more

than two decades now. With increasing environmental awareness and realization about the

role of wetlands in regulation of ground water regimes, flood regulation and environmental

amelioration due to inherent vibrant biotic activities apart from livelihood issues, their status

as the important environmental natural resources in the scheme of development planning is

needed to be recognised. It is now time that wetlands are considered among the important

infrastructures 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 the

National Environment Policy 2006 (NEP) depicts the spirit of conservation of environmental

resources.

“The dominant theme of this policy is that while conservation of environmental resources is

necessary to secure livelihoods and well - being of all, the most secure basis for conservation is

to ensure that people dependent on particular resources obtain better livelihoods from the

fact of conservation, than from degradation of the resources.”

The statement indicates that conservation efforts are to be a part and parcel of its sustainable

use practice, necessitating reciprocal commitment of the users for conservation. The policy

also recognises that wetlands are natural alternatives for waste management due to their

inherent 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 assimilative

capacity.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

80

The 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 local

governments in wetland management basically rests on this premise. The ongoing programmes

on wetland include:

• Centrally sponsored schemes on management of wetlands based on the management action

plans submitted to MoEF by KSCSTE (Sasthankota, Astamudi, Kottuli)

• State plan programme on ecorestoration of Sasthamkotta wetland- Sanitation programme

in the catchments through Suchitwa Mission

• A management action plan for Vellayani wetlands through the KSCSTE

MoEF is considering bringing in a statute for regulating the management of wetlands in the

country under the Environment (Protection) Act 1986, which will envisage categorization of

wetlands based on a few criteria, mostly related to location and conservation values; a

centralized mechanism for management planning for their conservation and regulation of

activities according to ecological importance. The authorized agencies will be created at

national, state and district levels. However, for implementation of the management action

plans and integration of these into general development planning, the role of LSGs will be

critical.

Water management and land management are the constitutional mandates of the local self

governments. Kerala Panchayat Raj Act 1994 specifically provides for environment,

sewerage/sanitation and the local water resource management functions with the local self

governments. The eleventh schedule under article 243 G of the Constitution provides for

entrusting the mandate of maintenance of community assets with these institutions.

Customary village common lands and properties also are vested for management and

administration 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 may

include coconut fibre processing, fishing aquaculture and other water based cottage industries,

tourism and related activities and overall hydrological regimes which influence the primary

production such as the agricultural regimes. Conservation of wetlands enhances the ground

water recharge measures that facilitate supply of potable water for the nearby populations if

managed sustainably. In such circumstances, the most critical role of local governments would

include creating an enabling environment for any effort which contributes to the sustainability

of 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 wetland

environment should take into account need of sustaining efforts to keep these ecosystems in

best of natural state.

All the global conservation conventions and national policies favour local participation in

assessment, planning and management of common property resources. LSGs will have a

critical role in according due recognition to the community level organizations by integrating

their activities in the grass root level plans and providing funds accordingly. The programmes

Chapter 2 Policy, Legislation and Regulation

95

and 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 with

mutual linkage between government and civil society.

Specific subjects/tasks that can be taken up by LSGs

• Recognize “wetland” as one of the non-negotiable land uses and “Common property

resource” and resolve not to put these into any non wetland use by reclamation or

diversion. It is constitutionally possible by listing it under the item “common assets”.

• Among the standing Committees of LSGs, allocate the subject of wetland conservation

specifically to a relevant committee as part of the community assets of environmental,

sanitation, or water resources significance. The objective should be to ensure sustained

status of the wetlands on the parameters of water spread area, pollution critieria, growth

of 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 the

people in the vicinity. Non invasive economic activities can be tourism within the carrying

capacity, fishing and aquaculture, use of weeds for fiber based cottage industries, coir

retting after assigning areas with suitable measures to mitigate the bad impact etc. This

however, would require scientific back up for which competent agencies are available in

Kerala.

• Among the sectors devolved to LSGs, allocate specifically the management of wetlands to a

functionally competent line department. Among the existing ones include social forestry,

minor irrigation (with qualification to the civil engineering), sanitation (environmental wing

may be created) or welfare.

• Demarcation of wetland boundaries on scientific basis to work on the areas which must be

preserved apart for ensuring the wetland environment intact. Any reclamation or diversion

of such areas for any permanent development should not be planned.

• Provide for plan outlays for wetland eco-restoration. For this purpose, the management

action plans can be coordinated by Department of Environment in consultation with the

KSCSTE/civil society. Feasibility of a state plan sponsored LSG level scheme may also be

considered to ensure fruitful partnership between the state government and LSGs for

ecorestoration of wetlands.

• Wetlands have been considered equally important for biodiversity and conservation values

as unique habitats for birds especially migratory species. Much of the scientific work on

this aspect has actually been responsible for the famous Ramsar Convention and centrally

sponsored scheme on wetlands conservation initially. Considering these facts, it is very

essential that any management planning takes into account the conservation value of these

ecosystems while providing for their sustainable use. To ensure this, a strong interface of

empowered institutions (LSGs) will be required with the scientific institutions and civil

society organizations. Kerala specially has rich repositories of information and knowledge

on wetland resource conservation and economic valuations. This can be organised through

the department of environment.

• Conservation/management action plans by individual LSGIs are usually not feasible because

wetlands are often spread within the political area of several LSGIs and may have the

watershed extended over others. Therefore, a comprehensive plan with basin approach is

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

82

required for sustainability. This can be achieved through the coordinated effort/action

plan 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 with

the participating LSGIs based on actual requirements and also by assisting LSGIs to find

suitable implementation agencies/supporting organizations.

2.3.3.7.Rural Water Supply Schemes

Rural Water Supply Schemes- Improvements to the Existing Schemes : Most of the rural

water supply schemes commissioned years ago need replacement of pipelines, pumps and

motors, electrical installations etc. To improve the quality of water supplied, replacement of

filter media of intake/treatment plants are required. Similarly many of the civil structures

such as components of treatment plants and OH reservoirs need repair and rehabilitation. Due

to the staleness of the pipes and lack of preventive maintenance, distribution loss of about 40

percent of water produced is estimated. Hence more thrust would be given to rehabilitation of

all old rural water supply schemes to reduce distribution loss to the minimum and to improve

performance.

Matching Assistance for LIC Assisted Rural Water Supply Schemes: Out of the 57 LIC aided

RWSS, four schemes were completed, 14 schemes were taken up under other Central / State

assisted programmes, three schemes were dropped and 33 schemes were posed under the

SPAN – RIDF XIV of NABARD. Remaining ongoing RWSS under this category is only three. Of

these schemes, two schemes could not be taken up due to various reasons and the other

scheme, viz. RWSS to Perinad & Panayam is functioning well. Two more schemes, WSS to

Ayippuzha Kalampara area and WSS to Parakkamala have been sanctioned under the same head

during 2008-09.

Total Sanitation Campaign (25% State Share): The allocation based Restructured Central

Rural Sanitation Programme was replaced fully by the Total Sanitation Campaign (TSC) from

2002-03 onwards. TSC Project has been sanctioned in 14 districts of Kerala and these projects

are at various stages of implementation. The implementation of TSC is on project mode and

the main components are individual household latrines, institutional (school) latrines,

anganwadi toilets, community complexes for women, Rural Sanitary Marts (RSM), solid and

liquid waste management etc. Kerala is top among the states with respect to the achievements

of TSC targets. As part of this succesfull campaign, almost 97% of the panchayat areas have

achieved open defecation free status.

Completion of World Bank aided Kerala Rural Water Supply Project – Jalanidhi : Even

though the external assistance was terminated with effect from 30.09.2008, all the targeted

works 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. Since

the external assistance was terminated, an amount of Rs.100.00 lakh is proposed from the

State 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 from

Government of India, drinking water has to be provided to all rural schools. Expenditure for

Chapter 2 Policy, Legislation and Regulation

95

this 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 to

schools/Anganwadis in rural areas. Since 2000, KWA had provided water supply facilities to

1647 schools / Anganwadies. Works of 599 schemes are in progress.

NABARD Assisted Rural Water Supply Schemes : Eight rural water supply schemes are taken

up for implementation with NABARD assistance under RIDF IX.

Completion of Rural Water Supply Schemes other than ARWSP Schemes: There are 10

ongoing rural water supply schemes which are in various stages of execution.

Accelerated Rural Water Supply Project (ARWSP) (50% State Share) : Government of India

has changed the funding pattern of the 100% Centrally Sponsored ARWSP such that the total

project cost of the ongoing/ new schemes under ARWSP approved by the State Level Steering

Committee (SLSC) is to be shared in the ratio 50:50 between the centre and the state

Government. There are 92 ongoing ARWSP schemes, of which, 25 schemes are targeted for

commissioning during 2008-09. The remaining schemes are targeted for 2009-10. Besides, 12

RWSS 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 has

sanctioned the implementation of the Jalanidhi Add-on Project in 400 Grama Panchayath

covering six lakh households in a time span of six years with a total estimated project cost of

Rs.1200.00 crore. Planning phase activities in 185 Panchayats for 3650 schemes are targeted

for implementation during 2009-10.

Improvements of RWSS to Cheriyanadu in Alappuzha Panchayath: RWSS to Cheriyanadu is a

single Panchayat Water Supply Scheme maintained by KWA and identified as one among the

1050 scheme for transfer to local body, but not taken up by the local body till date. To address

the acute water scarcity and water quality problem in the area, it is proposed to construct a

full-fledged Treatment Plant and to adopt efficient disinfection method instead of chlorination

by adding bleaching powder.

Scaling up of Rain Water Harvesting and Ground Water Recharge Programme : The main

objective of the programme is to sustain the Rain Water Harvesting activities in the State

implementing by Jalanidhi. The components included in the programme are construction of

Rain Water Harvesting structures having capacities 10000 litres and 25000 litres, renovation of

existing ponds, well recharge and training programmes on RWH/GWR etc.

2.3.3.8. Social Forestry Programmes

National Forest Policy 1988 stipulates that 1/3rd of the total geographical shall be covered

with trees. To achieve this objective, massive tree planting programmes outside the forest

area is essential. In order to encourage homestead and agro-forestry practices, it is proposed

to undertake a massive tree planting programme outside the forest area with the involvement

of people including school children. Urban forestry activities will be encouraged. The

successfully launched programme during 2008-09 namely Endemaram, Nammude maram,

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

84

Vazhiyorathannal and Harithatheeram will be expanded and continued during 2009-10.

Greening Kerala Programme including Awareness Programme, developing 14 District Forest

Extension and Information Centres (DFEICs), strengthening of Forest Information Bureau (FIB)

by providing necessary infrastructure facilities, participatory greening programme and

biodiversity conservation, environmental awareness campaigns, are envisaged in the scheme.

It is proposed to undertake a massive tree planting programme outside the forests with the co-

operation of the Local Self Governments named as ‘Gramma Vanam Programme’. An extent of

1000 ha is proposed to plant and to distribute about one crore seedlings. The NREGS funds

would also be utilised wherever possible by the panchayat for raising the seedlings and

undertaking the planting in the public areas of the panchayats. Forest Department will provide

the technical support and undertake the extension work. A DPR for the scheme would be

prepared by dovetailing funds from various sources. The scheme on Panchayat Vana Yojana

would also be integrated with this scheme. A portion of the outlay will be utilised for

developing monitoring mechanism and for establishing institutional mechanism for

sustainability of the scheme in collaboration with PRIS. Planting bamboo in riversides with the

involvement of local bodies will be initiated. Conservation and consolidation of the river and

stream bank with the participation of local people are envisaged. The cost of raising nurseries

for distribution of seedlings, replanting of road side areas, compact areas of public lands will

also be undertaken.

2.3.3.9. State Poverty Eradication Mission

The State Poverty Eradication Mission implements the programme by creating community

based structures of women below poverty line with focus on self help, demand-led

convergence of available services and resources under the leadership of the local

governments. Kudumbashree the State Poverty Eradication Mission (SPEM) was launched by

Government of Kerala in 1998 with the active support of Government of India and NABARD for

wiping out absolute poverty within a period of 10 years. The project is implemented through

Local Self Governments empowered by the 73rd and 74th Constitutional amendments. The

slogan of the Mission is “Reaching out to families through Women and reaching out to

community through Families”. Kudumbashree is a holistic, participatory, women oriented

innovative overarching poverty reduction approach.

The biggest promise for poverty reduction is the initiative to develop a network of self help

groups of families below the poverty line (BPL), each represented by a woman. Essentially, it is

based on a community based identification of BPL families on non monetary indicators which

are transparent and which are reflective of social perceptions of poverty. Identified families

are organised into Neighbourhood Groups (NHGs) of 20 - 25 members who are federated into an

organization called Area Development Society (ADS) at the Panchayat Ward/Grama Sabha level

and further networked into a registered NGO of poor women called the Community

Development 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 5

Corporations.

o 180660 NHGs comprising of women from 37,77,783 Families have been formed

Chapter 2 Policy, Legislation and Regulation

95

o Thrift of Rs 844.37 Cr

o Internal lending amounting to Rs.2139.07 Cr

o 82,760 NHGs linked with banks under linkage banking Scheme and assessed funds worth Rs.

437.73 Cr

o 656348 Children have been grouped into 37005 Balasabhas

o 28707 loans have been sanctioned under the Bhavanashree microhousing scheme amounting

to Rs 159.71 Cr

o 44638 acres of land brought under cultivation with the involvement of 2,34,812 families in

820 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 Cr

o Asraya - Destitute identification, Rehabilitation and monitoring (DIRM) Programme

launched in 604 Grama Panchayaths and 16 Municipalities

o Launched self sufficient, Self-reliant and sustainable CDS Programme (S3 CDS) for model

building in 227 Grama panchayats

o SJSRY - under USEP (Urban Self Employment Programme), 22,801 individual and 1,565

group enterprises were setup benefiting 34,304 people.

o 27,467 houses have been sanctioned under the VAMBAY(Valmiki Ambedkar Awas Yojana) to

poor families in 54 ULBs across the state

o 155 Clean Kerala Business units for solid waste management have been setup.

o 1406 Women from the Kudumbashree CBOs elected to the Local Self Government

Institutions in the recent Elections

o SAMAGRA-Kudumbashree has started the extensive programme “Samagra-” Local

Production Marketing Network which aims at high income generation. Projects in 7 districts

are on the anvil.

In terms of poverty reduction, decentralisation has certain definite advantages which are

evident from practice. They are -

1. Resources have flowed into every nook and corner with earmarking of funds for the

disadvantaged groups

2. The outreach of developmental services has improved a lot.

3. There is less of sectoralism in decentralised programmes. Greater convergence has

contributed to reducing the ratchet effect of poverty. Local Governments particularly Village

Panchayats, tend to view problems holistically.

4. There is great realism in tackling problems of poverty. The problem of poverty is perceived

in its stark reality.

5. The innumerable opportunities for participation which has been structured into Kerala's

decentralisation process has helped the poor in gaining confidence and in moving from lower

levels 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 affords

opportunities to the poor to grow in strength by continuous participation, constant observation

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

86

of the exercise of power and accessing more information. As barriers are weaker in the local

situation, 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 health

emergencies. This cannot be provided by local governments.

3. The management of services particularly health and education has not been more efficient

than 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 limited

resulting more from bankers' reluctance to deal with local governments than from

inadequacies 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 inherent

limitation in local government action against it. Linkage with job markets through skill

upgradation or identification of self employment opportunities or small scale production

activities 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. Anti-

poverty initiatives at the local level seem to be characterized by incrementalism and there is a

clear need for a long range vision to reduce poverty.

2.3.3.10. Watershed Development Programmes

Attappady Environmental Conservation and Wasteland Development Project : Attappady

Hills Area Development Society (AHADS) is implementing this project. The JBIC assisted

External Aided Project was extended up to 2010 based on the Rationalized Final

Implementation 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%): The

schemes aim at empowering the Panchayat Raj institutions, both financially and

administratively, in the implementation of watershed development programmes. Main

objectives of this scheme are the following.

• Harvesting every drop of rainwater for drinking water supply, irrigation, pasture

development, fisheries, plantations including horticulture and floriculture, etc.

• Employment generation, poverty alleviation, community empowerment and development

of human and biological resources of the rural areas.

• Mitigating the adverse effects of extreme climatic conditions, such as, drought and

desertification 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 and

maintenance of assets created and further development of the potential of the natural

resources in the watershed.

Chapter 2 Policy, Legislation and Regulation

95

Grama Panchayats will implement the projects as per GO I Guidelines, under the overall

supervision and guidance of Project Implementation Agencies (PIAs). The Block Panchayat is

the PIA for all the projects.

2.3.3.11. Fisheries Development Programme

Modernisation of Craft and Popularisation of New Crafts - Conversion of OBMs to LPG: The

objective of the scheme is to assist replacement of OBMs of already motorised crafts. Fifty

percent of the cost of the Out Board Motor subject to a maximum of Rs.10, 000 will be

provided as one time subsidy for the replacement of OBMs below 10 HP by the traditional

fishermen. It is proposed to provide subsidy for 150 OBMs during 2009-10. The scheme is

implemented through Matsyafed.

Distribution of suitable complements of Fishing Gear(SS 50%): The objective of the scheme

is to give assistance @ Rs.6000/- per craft fitted with OBM below 10 H.P for the purchase of

suitable complements of fishing gear. The assistance will be given only once to a beneficiary

who owns a craft. The scheme is implemented through Matsyafed. The outlay is for meeting

the subsidy portion.

Development of Deep Sea Fishing : The marine fish production of Kerala is more or less

stagnant in around 5.6 lakh tones. Almost all commercially important groups of the inshore

water are facing over exploitation. Any future increase in marine fish production is possible by

intensifying 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 commercially

important 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 areas

by diversification of excess number of mechanised fishing fleet operating in the traditional

fishing grounds. This will enable to reduce fishing pressure in the inshore areas and increase

fish production from deep-sea particularly of commercially important oceanic tunas and

cephalopods. It is proposed to restructure mechanised vessels for tuna fishing operations in the

offshore areas. Dory fishing in the traditional sector will also be encouraged under the

programme. 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 to

fishermen for deep sea fishing.

Matsyakeralam: ‘Matsya Keralam’ is an integrated project for the development of inland

fisheries and aquaculture with the support of Local Self Governments. The project envisages to

bring a total of 3750 ha freshwater pond area and 2250 ha padasekharams under the fold of

freshwater aquaculture and 3700 ha under shrimp farming in brackish water over a period of

three years. The total project cost is Rs.71.16 crores of which Rs.2.95 crore each is expected

for 2009-10 and 2010-11 from State Government and Local Self Governments. The major

components are diversification of freshwater aquaculture, diversification of brackish water

aquaculture, development of infrastructure in inland fisheries, extension and training and

marketing support

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

88

NFWF Assisted Housing(SS 50%) : The programme is meant for providing housing to

fishermen 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 outlay

provided is the state share for the programme.

222...444... WWWooorrrlllddd BBBaaannnkkk SSSaaafffeeeggguuuaaarrrddd PPPooollliiiccciiieeesss

The World Bank's environmental and social safeguard policies are a cornerstone of its support to sustainable poverty reduction. The objective of these policies is to prevent and 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 are applicable to the Kerala Local Government and Service Delivery Project. TRIGGERED

� Safeguard

Policy Environmental Assessment (OP/BP 4.01)

Description The Bank requires environmental assessment (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision making.

Reason The proposed project places a finite amount of funds in the form of an untied block grant at the disposal of LSG institutions in the state. The amount is to be used by the LSG institutions at their discretion for meeting the costs of any developmental or maintenance activity in line with their functional mandate and obligations. While certain activities undertaken by the LSGs may have no adverse impact whatsoever on the environment, certain others such as development of infrastructure, minor irrigation, maintenance of ponds / lakes, sanitation, solid waste disposal, facilitation of agricultural inputs, 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 an Environmental Management Framework developed through an Environmental Assessment of the project concept.

TRIGGERED

� Safeguard

Policy Natural Habitats (OP 4.04)

Description The policy strictly limits the circumstances under which any Bank-supported project can damage natural habitats (land and water areas where most of the native plant and animal species are still present). Specifically, the policy prohibits Bank support for projects which would lead to the significant loss or degradation of any Critical Natural Habitats, whose definition includes those natural habitats, which are either: legally protected, officially proposed for protection, or unprotected but of known to be of high conservation value.

Even in case of other (non-critical) natural habitats, the Bank will support projects that seemingly cause significant loss or degradation only when (a) there are no feasible alternatives 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.

Reason Kerala has about 32 designated natural habitats and they are protected by National and State regulations. These include 2 Biosphere reserves, 6 National Parks, 14 Wildlife / Bird Sanctuaries, 1 Reserve forest, 1 Tiger Reserve and 8 Mangrove sites. In terms of geographical area, the size of the state is relatively small and due to this, there is a high concentration of

Chapter 2 Policy, Legislation and Regulation

95

Natural Habitats over a small area. To minimize the possibility of any specific interventions causing any adverse impact on these Natural Habitats, this policy is triggered. Also, in exceptional cases involving LSG interventions in habitations of indigenous people that might be located in the proximity of these areas, the EMF prepared under OP/BP 4.01 will address any likely adverse impacts.

TRIGGERED

� Safeguard

Policy Forests (OP 4.36)

Description The Bank does not finance projects that would involve significant conversion or degradation of critical forest areas or related critical natural habitats. The policy aims to reduce deforestation, enhance the environmental contribution of forested areas, promote afforestation, reduce poverty, and encourage economic development.

Reason Kerala is endowed with a sizeable forest cover. Almost 30% of the state is under forest cover, mainly confined to about five districts situated away from the coast. There is likelihood, particularly in case of GPs / Municipalities located adjacent to these areas, of a few specific activities taken up under this project having an adverse impact of limited nature on the forest ecosystem in the state or a part thereof. It is important to keep in focus, the need for protection and sustenance of this natural resource. Hence, this policy is triggered.

NOT TRIGGERED

� Safeguard

Policy Pest Management (OP 4.09)

Description The Bank does not finance projects that would involve significant use of pesticides. If pesticides have to be used in crop protection or in the fight against vector borne disease, the Bank- funded project should include a Pest Management Plan (PMP).

Reason Certain LSG functions with respect to agricultural inputs may, on rare occasions may lead to dealing with chemicals. However, it is felt that provisions under OP/BP 4.01 will suitably address the possibility of (a) any banned chemical from being used and (b) chemicals being used in a manner that is detrimental to the environment. Hence the policy is not triggered.

NOT TRIGGERED

� Safeguard

Policy Safety of Dams (OP 4.37)

Description This policy is applicable only to projects that involve construction of dams. Since the consequences of failure of a dam can be significant in terms of damage to the environment as well as on human life, this policy aims to safeguard against such eventualities by focusing on incorporating safety features in the design as well as maintenance of the dams.

Reason 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, and local silt retention dams. In such cases generic dam safety measures designed by qualified engineers are adequate. Hence the policy is not triggered.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

90

NOT TRIGGERED

� Safeguard

Policy International Waterways (OP 7.50)

Description The OP 7.50 – Projects on International Waterways applies to the following types of projects: hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial, and similar projects that involve the use or potential pollution of international waterways (international waterways refer to any river, canal, lake, or similar body of water that forms a boundary between, or that flows through, two or more states – it also applies to tributaries/components of such waterways).

Reason Since Kerala has no international waterways, the policy does not apply.

TRIGGERED

� Safeguard

Policy Physical Cultural Resources (OP 4.11)

Description The Bank avoids or mitigates any adverse impacts on physical cultural resources (which are defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance) from the Bank’s financed development projects. It is also triggered where civil works of any size are involved and there are any possibilities of a chance finds.

Reason 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 for any civil structures such as pond, building etc. cannot be ruled out. The EMF prepared under OP/BP 4.01 is expected to have provisions for preventing modification of any existing site of cultural or archaeological importance or address any eventuality pertaining to encountering chance finds. Hence the policy is triggered.

TRIGGERED

� Safeguard

Policy Indigenous Peoples (OP/BP 4.10)

Description This policy contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. For all projects that are proposed for Bank financing and affect Indigenous Peoples (Tribals), the Bank requires the borrower to engage in a process of free, prior, and informed consultation. The Bank provides project financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples. Such Bank-financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. Bank-financed projects are also designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and intergenerationally inclusive.

Reason The policy is applicable when tribal populations are present in the project area. While the present project may not adversely affect Tribals, the project offers an opportunity for Tribals to receive social and economic benefits that are culturally appropriate and gender and intergenerationally inclusive.

Chapter 2 Policy, Legislation and Regulation

95

The Kerala Local Government Strengthening Project essentially envisages to improve the

service delivery in the sectors pertaining especially to natural resource management, primary

production, basic services such drinking water supply, health and sanitation, education,

poverty eradication etc. The sustainability of environmental systems by ensuring its protection

with respect to set standards is basic to uphold the local governance functions. This can be

ensured only be assessing the environmental worthiness of a region by understanding the

supportive capacity of resources and assimilative capacity of environment there. Thereby, any

enhancement/limiting of activities/services get linked to upgradation and conservation of

resources, on the one hand, and monitoring and maintenance of environmental standards, on

the other. Therefore, the Operational Policy 4.01 pertaining to Environmental Assessment will

have to be triggered for the project. It enables the assessment and understanding of the

environmental systems and provides a safeguard mechanism from environmental degradation

through a designed environmental management framework.

Land is one of the most limiting resources in Kerala. Consequently, natural habitats are on

constant threat of invasion. The hesitation to accept and honour the local wisdom as well as

the growing disrespect to environmental functions and costs of ecological systems are

threatening the environmental integrity at the micro and macro level. The strengthening of

local governance can facilitate integration of development interventions and environmental

protection and intactness of natural habitats will be a good indicator of development-

conservation interface. The protection of sacred groves and mangrove patches, natural water

bodies, landscape, hillocks etc will benefit from this policy. Therefore, the Operational Policy

4.04 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 project

to ensure the protection of local cultural interests.

One of the thrust areas of local governments is the primary production sector and invariably

pest 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 been

tricked down adequately. There are serious efforts for building awareness in IPM. Considering

that the chemical pesticides are largely being discouraged in the state and that an organic

agriculture policy has already been drafted and is in the process of adoption, the IPM can be

adequately addressed through triggering Operational Policy 4.01 on Environmental

assessment.

222...555... IIImmmpppllliiicccaaatttiiiooonnnsss ooonnn LLLooocccaaalll GGGooovvveeerrrnnnmmmeeennntttsss

The review of the existing acts, rules, guidelines, notifications and circulars indicates that lot

of powers and functions are vested with the Local Governments for the protection and

conservation of the environment. Apart from these, there are many other environmental

regulations and statutes, which indirectly requiring the Local Government to act upon. It can

be seen that The Kerala Panchayat Raj Act 1994 and the Kerala Municipalities Act 1994 gives

ample power to the Local Governments in the matter of environmental protection. A brief

review of the applicability of these Acts, rules, regulations etc are summarized in Annexure IV.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

92

The Ministry of Environment and Forests (MoEF) in Government of India has brought out various

acts, rules, notifications and guidelines on environmental protection and conservation with a

view to have uniform legislation and regulations for the country as a whole. Despite the fact

that the environmental issues differ from place to place as well as from state to state, these

statutes empower the State Governments or its concerned agencies to evolve stringent

measures for the protection of environment, but restrain them from relaxing the measures. In

other words, the environmental regulations brought out by the MoEF stipulate the minimum

standards and measures that are required to protect our environment.

The various environmental laws and regulations, discussed in earlier chapter, give lot of

powers and functions to the LGs. These powers and functions have overriding effects on all

other laws. The review of the Kerala Panchayat Raj Act, 1994 and the Kerala Municipalities

Act, 1994 indicates that vast powers and functions are included in these Acts for the

protection and conservation of environment. Most of these provisions are identical to that

provided in the Central acts, rules and regulations. But certain provisions in the Panchayat Raj

and Municipalities acts are inconsistent with the Central Statutes. In such circumstances, the

provisions in Central Statutes prevail over the other acts due to the overriding effect and the

LGs should act in conformity with the Central statutes.

The review of implementation status of Central Statutes indicates that the awareness of LGs

on the various provisions of the statutes is meager. There is lack of clarity on the precise role

of LGs in the enforcement of these statues. Even the powers and functions to protect and

conserve the environment entrusted with the LGs, as provided in the Acts under which they

are constituted, are either least known or neglected by them. Apart from these, the State

Government also delegate or entrust some of the powers and functions under the Central

Statutes to the LGs. But, they are generally not attended to in the absence of clarity and

follow up. Therefore, there is an urgent need for a broad based campaign among the public

and intensive Information, Education and Communication (IEC) campaign among the officials

and other functionaries of LGs to bring in more clarity for utilizing the provisions of various

regulations on environmental protection.

It has been found that the technical expertise and staff available with LGs are inadequate to

handle local environmental issues and enforcement provisions in the environmental statutes

effectively. Infrastructure facilities such as monitoring equipments, trained manpower for

operating the equipments, transportation, etc are mostly unavailable with the LGs. Multiplicity

of statutes and reporting authorities also create confusion and uncertainty. In the

circumstance, a comprehensive legislation has to be made or the Panchayat Raj Act and

Municipalities Act amended by incorporating the various tasks and functions under the other

Statutes and removing the anomalies. In addition, there is a need to strengthen the

infrastructure and man power of the LGs to enhance their capabilities for enforcement and

tackling local environmental issues.

The LGs in Kerala are in the process of institutionalization; and rapid transformation is taking

place within them to perform the role of government rather than a project implementing

agency. At this juncture, there is urgent necessity for extending necessary guidance, technical

Chapter 2 Policy, Legislation and Regulation

95

In short, a very strong IEC on laws related to environmental protection and conservation, strengthening of manpower and infrastructure of LSGs and adequate fund and provision for continued technical support are the immediate needs of LSGs in Kerala. In addition, a frame work for ensuring protection and conservation of environment will enable them to stride towards persistent environmental upgradation. The Environmental Assessment (EA) and Environmental Management Framework (ESMF) shall provide the right tool for LSGs in this regard

support, 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 in

matters related to environmental protection, there is a need for an Environmental Cell or

Mission under the LG Department. This is to provide technical, management, promotional,

philosophical and enforcement support to different tiers of LGs. Though there are issue based

missions, their interventions have been limited mostly to facilitation. Though these missions

have been conceived for technical support and enabling the LGs to achieve or rapidly move

towards environmental upgradation, their efficiency and performance level have been found

poor or at the most moderate. Therefore, target based missions have to be integrated into a

mission for achieving the goal of environmental upgradation. This necessitates the formation

of an Environmental Cell or Mission in the LG Department with an overall goal of environmental

upgradation of the State through LGs by integrating target orientated missions. Such a Cell or

Mission should be strengthened with additional powers and infrastructure to give technical

support to the LGs in all matters related to environmental protection and conservation and to

review the progress of implementation of the measures taken by them. It should also be given

powers to take stringent action on erring LGs.

Considering the developmental needs, the LGs are not in a position to allocate adequate fund

for the protection and conservation of environment. There are various central and state

agencies and departments like the Ministry of Urban Developments, Ministry of Rural

Developments, Ministry of Non-Conventional Energy, Ministry of Environment and Forests,

Ministry of Agriculture, Ministry of Industries,

Central Pollution Control Board, State Pollution

Control Board, State Environment Department and

other international agencies, which extend

programme or project based financial assistance to

LGs for environmental protection and conservation.

Unfortunately, information regarding such

programmes or projects or scope of such financial

schemes are not reaching to the level of LGs or

they are not capable of preparing scheme to suit

the requirements of the funding agencies and

availing these opportunities. There is necessity of

Data Banks of such schemes and financial

assistance to be created and made available to the Directorate of Municipalities and

Directorate of Panchayat or attached with the proposed Environment Cell/Mission. The LGs

should also be enabled to make use of such opportunities in tune with their policy and action

plan they set for environmental upgradation and facilitate them to do the follow up with

concerned agencies. A list of projects requiring prior environmental approval is given in

Annexure 8.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

94

222...666... LLLiiisssttt ooofff EEEnnnvvviiirrrooonnnmmmeeennntttaaallllllyyy SSSeeennnsssiiitttiiivvveee AAArrreeeaaasss /// NNNooo IIInnnttteeerrrvvveeennntttiiiooonnn AAArrreeeaaasss

2.6.1. Ramsar sites in Kerala

• Ashtamudi Wetland in Kollam District of Kerala, India, is the second largest (614 sq km)and

deepest 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 reserves

• Nilgiri Biosphere Reserve (5,520 km²) established in 1986, includes parts of Wynad,

Nagarhole, Bandipur and Mudumalai, Nilambur, Silent Valley and Siruvani Hills in Tamil

Nadu, Kerala and Karnataka.

• Agasthyamalai Biosphere Reserve (3,500 km²) established in 2001, covers parts of

Thiruvananthapuram, Kollam and Pathanamthitta Districts in Kerala and Tirunelveli and

Kanyakumari Districts in Tamil Nadu.

2.6.4. National parks

• 1978 Eravikulam National Park, Idukki District, 97 km²

• 1982 Periyar National Park, Idukki District, 350 km²

• 1984 Silent Valley National Park, Palakkad District, 89.52 km²

• 2003 Mathikettan Shola National Park, Idukki District, 12.82 km²

• 2003 Anamudi Shola National Park in Idukki District is composed of Mannavan shola, Idivara

shola and Pullardi shola, covering a total area of 7.5 km².

• 2003 Pambadum Shola National Park Idukki District, 1.318 km²

• Proposed Karimpuzha National Park, 230 km²

2.6.5. Wildlife sanctuaries

• 1950 Periyar Wildlife Sanctuary, Idukki District, 427 km²

• 1973 Wynad Wildlife Sanctuary Wayanad District, 344.44 km² (Elephant, Tiger)

• 1973 Parambikulam Wildlife Sanctuary Palakkad District, 285 km² ( Nilgiri Tahr, Lion Tailed

Macaque, Gaur & Elephant)

• 1958 Neyyar Wildlife Sanctuary Thiruvananthapuram District, 128 km², ( Lion Tailed

Macaque, Elephant, Nilgiri Langur, Crocodile, Shola birds. More than 150 endemics.)

• 1958 Peechi Vazhani Wildlife Sanctuary Thrissur District, 125 km²

• 1984 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, Dry

habitat species of animals & birds)

Chapter 2 Policy, Legislation and Regulation

95

• 1976 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 Tailed

Macaque, 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 level

• 2006 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 biosphere

2.6.6.Tiger reserves

1978 Periyar Tiger Reserve 777.54 km² Idukki District 1950. (Tiger, Lion Tailed Macaque, Black

Panther, Elephant, smaller mammals)

2.6.7. Reserve forests

Attappadi - The 249 km² Attappadi Reserve Forest is an informal buffer zone conjoining Silent

Valley National Park to the West. 81 km² of this forest was separated to become most of the

new 94 km² Bhavani Forest Range which is part of the 147.22 km² Silent Valley Buffer Zone.

2.6.8. Mangrove sites in Kerala coast

• Ernakulam& 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.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery project

CCChhhaaapppttteeerrr 333

RRReeessspppooonnnsssiiibbbiiillliiitttiiieeesss,,, FFFuuunnnccctttiiiooonnnsss aaannnddd DDDeeevvveeelllooopppmmmeeennnttt PPPaaarrraaadddiiigggmmm ooofff LLLooocccaaalll GGGooovvveeerrrnnnmmmeeennntttsss

333...111... SSSeeeccctttooorrraaalll RRReeessspppooonnnsssiiibbbiiillliiitttiiieeesss ooofff LLLooocccaaalll GGGooovvveeerrrnnnmmmeeennntttsss

KKerala has attempted to define the functions of the Local Governments as precisely as

possible. The Act classifies the functions of various tiers of Local Governments as mandatory

functions, general functions and sector wise functions. The following section outlines the

functions of Grama Panchayats, Block Panchayat, District Panchayats and Municipalities.

333...111...111... GGGrrraaammmaaa PPPaaannnccchhhaaayyyaaattt

A. Mandatory Functions

1. Regulating building construction.

2. Protection of public lands against encroachment.

3. Maintenance of traditional drinking water sources.

4. Preservation of ponds and other water tanks.

5. Maintenance of waterways and canals under the control of Village Panchayats.

6. Collection and disposal of solid waste and regulation of liquid waste disposal.

7. Storm water drainage.

8. Maintenance of environmental hygiene.

9. Management of public markets.

10.Vector Control.

11.Regulation of slaughtering of animals and sale of meat, fish and other easily perishable food

stuffs etc.

12. Control of eating places.

13. Prevention of food adulteration.

14. Protection of roads and other public properties.

15. Street lighting and its maintenance.

16. Adopt immunisation programmes.

17.Effective implementation of National and State Level strategies and programmes for

prevention and control of diseases.

18. Establishment and maintenance of burial and burning grounds.

19. Issue of licenses to dangerous and offensive trades.

20. Registration of births and deaths.

21. Providing bathing and washing ghats.

22. Provision for ferries.

23. Provision for parking spaces for vehicles.

24. Construction of waiting sheds for travelers.

25. Provision for toilet facilities and bathing ghats at public places.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

102

26. Regulate the conduct of fairs and festivals.

27. Issue license to domestic dogs and to destroy stray dogs.

B. General Functions

1. Collection and updating of essential statistics

2. Organise voluntary workers and make them participate in collective activities.

3. Organise campaigns for thrift.

4. Awareness building against social evils like drinking, consumption of narcotics, dowry, abuse

of women and children.

5. Ensuing maximum peoples participation at all stages of development.

6. Organise relief activities during natural calamities.

7. Inculcating environmental awareness and motivating local action for environmental up

gradation.

8. Promotion of co-operative sector.

9. Enhancing communal harmony.

10. Mobilisation of local resources in cash or in kind including free surrender of land for

developmental purposes.

11. Campaign on legal awareness among weaker sections.

12. Campaign against economic offences.

13. Organising neighborhood groups and self-help groups focusing on the poor.

14. Awareness building on civic duties.

C. Sector-wise functions

I. Agriculture

1. Cultivate waste lands and marginal lands.

2. Ensure optimum utilisation of land.

3. Soil protection.

4. Production of organic manure.

5. Establishment of nurseries.

6. Encourage the system co-operative group farming.

7. Organise self help groups among farmers

8. Encourage horticulture and vegetable cultivation.

9. Fodder development.

10. Plant production.

11. Seed Protection.

12. Farm mechanisation.

13. Management of Krishi Bhavans

II. Animal Husbandry and Diary farming

1. Cattle Development Programmes.

2. Diary farming.

3. Poultry farming, bee keeping, piggery development, goat rearing, rabbit rearing etc.

4. Running of veterinary hospitals.

5. Running of ICDP sub-centres.

6. Preventive Health Programmes for animals.

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

103

7. Prevention of cruelty to animals.

8. Implementation of fertility improvement programmes.

9. Control of diseases of animal origin.

III. Minor Irrigation

1. Maintenance and implementation of all minor irrigation projects within the area of a village

Panchayat.

2. Implementation and maintenance of all micro irrigation projects.

3. Put into practice water conservation.

IV. Fishing

1. Development of fisheries in ponds, pisci-culture in fresh water and brackish water and

mariculture.

2. Improvement of fish seed production and distribution of off springs.

3. Distribution of fishing implements.

4. Provide assistance for fish marketing.

5. Provide minimum basic facilities for fishermen families.

6. Implementation of fishermen Welfare Schemes.

V. Social Forestry

1. Growing trees for cattle feed, fire wood and growing of fruit trees.

2. Organise campaigns for planting of trees and to build environmental awareness.

3. Afforestation of waste land.

VI. Small scale Industries

1. Promotion of cottage-village industries.

2. Promotion of handicrafts.

3. Promotion of traditional and mini industries.

VII. Housing

1. Identification of the homeless people and the puramboke dwellers and provide them with

lands for house construction and with houses.

2. Implementation of rural housing programmes.

3. Implementation of shelter upgradation programmes.

VIII. Water supply

1. Management of water supply schemes within a village panchayat

2. Setting up of water supply schemes within a village panchayat.

IX. Electricity and Energy

1. Installation and maintenance of street lights.

2. Encourage the consumption of bio-gas.

X. Education

1. Management of Government Pre-primary Schools and Primary Schools.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

104

2. Implementation of literacy programmes.

3. Management and promotion of reading rooms and libraries.

XI. Public Works

1. Construction and maintenance of village roads within a village panchayat.

2. Construction of buildings for institutions including those transferred from the Government.

XII. Public Health and Sanitation

1. Running of dispensaries, Primary Health Centres and sub-centres (with all systems of

medicines.)

2. Management of maternity and Child Welfare Centres.

3. Carry out immunisation and other preventive measures.

4. Implementation of family welfare programme.

5. Implementation of sanitation programmes.

XIII. Social Welfare

1. Running of Anganwadis.

2. Sanctioning and distribution of pension to destitute, widows handicapped and agricultural

labourers.

3. Sanctioning and distribution of unemployment wages.

4. Sanctioning of financial assistance for the marriage of the daughters of widows.

5. Implementation of Group Insurance Scheme for the poor.

XIV. Poverty Alleviation

1. Identifying the poor.

2. Implementation of self employment and Group Employment Schemes for the poor especially

for women.

3. Providing community assets of continuing benefits to the poor.

XV. Scheduled Caste-Scheduled Tribe Development

1. Implementation of beneficiary oriented schemes under S.C.P, T.S.P.

2. Running of nursery schools for Scheduled Caste-Scheduled Tribes.

3. Arrange basic facilities in Scheduled Caste-Scheduled Tribe Colonies.

4. Provide assistance to Scheduled Caste-Scheduled Tribe Students.

5. Provide discretionary assistance to Scheduled Caste-Scheduled Tribe when necessary.

XVI. Sports and Cultural Affairs

1. Construction of playgrounds.

2. Establishment of Cultural Centres

XVII. Public Distribution System

1. Examining the complaints against the Public Distribution System and find out and implement

remedial measures.

2. Organise campaigns against offences relating to weights and measures.

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

105

3. General supervision and guidance of Ration Shops, Maveli Stores, Neethi Stores and other

public distribution systems and start new public distribution centres, if necessary.

XVIII. Natural Calamities Relief

1. Protection of Relief Centres.

2. Conduct works relating to natural calamity. The work to compensate damages caused to

the assets should be done by the respective panchayats.

XIX. Co-operation

1. Organise Co-operative societies within the boundaries of village panchayat.

2. Strengthen [the existing co-operative institutions].

333...111...222... BBBllloooccckkk PPPaaannnccchhhaaayyyaaattt

(A) General Functions

a) Utilise Governmental-non-Governmental technical expertise at block level.

b) Provide technical assistance to Village Panchayats.

c) Prepare schemes taking into consideration the schemes of village panchayats in order to

avoid duplication and to provide backward, forward linkage.

(B) Sector-wise functions

i. Agriculture

(1) Farmers training programmes for the implementation at the village level.

(2) Arrange agricultural inputs required for schemes at the village level.

(3) Conduct of agricultural exhibitions.

(4) Management of watersheds falling within the Block Panchayat area.

(5) Mobilise agricultural loans.

(6) Encouragement of Sericulture.

ii. Animal Husbandry and Dairy Farming

1. Running of veterinary poly clinics and zonal artificial insemination centres.

2. Provide speciality services in animal husbandry.

3. Conducting of cattle and poultry shows.

iii. Minor Irrigation

Implementation and maintenance of all Lift Irrigation Schemes and Minor Irrigation Schemes,

covering more than one village panchayat.

iv. Fisheries

Development of traditional landing centres.

v. Small Scale Industries

1. Establishment of mini industrial estates.

2. Promotion of industries with investment limit of one third of S.S.I.

3. Formulation of self employment schemes in Industrial sector.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

106

VI. Housing

1. Popularisation of low cost housing.

2. Promotion of housing co-operative societies.

VII. Electricity and Energy

Development of conventional energy sources

VIII. Education

Management of Government Industrial Training Institutions.

IX. Public Works

1. Maintenance of Village roads connecting more than one village panchayat with the Block

Panchayat and other roads vested in block panchayat.

2. Construction of buildings for institutions transferred from Government.

X. Public Health and Sanitation

Running of community health enters and Taluk Hospitals with all systems of medicine within

the Block Panchayat.

XI. Social Welfare

Management of I.C.D.S.

XII. Poverty Alleviation

1. Planning and implementation of employment assurance schemes in co- ordination with the

Village Panchayat.

2. Skill upgradation of poor for self employment and giving wage employment for people below

poverty line.

XIII. Scheduled Caste/Scheduled Tribe Development

1. Management of pre-metric hostels.

2. Promotion of Co-operative Societies meant for Scheduled Caste/Scheduled Tribes.

XIV. Co-operation

1. Organising co-operatives within the jurisdiction of block panchayat.

2. Strengthening of co-operative institutions

333...111...333... DDDiiissstttrrriiicccttt pppaaannnccchhhaaayyyaaattt

(A) General Functions

1. Mobilisation of the technical expertise available from Government-non-Government

institutions.

2. Provide technical assistance to Block Panchayats, Village Panchayats and Municipalities.

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

107

3. Prepare schemes after taking into account the schemes of the Village Panchayat and the

Block Panchayat to avoid duplication and to provide forward-backward linkage

(B) Sector-wise Functions

I. Agriculture

1. Running of agriculture farms other than regional farms and research centers.

2. Integrated water-shed management in water-sheds covering more than one Block Panchayat

area.

3. Provide for agricultural inputs.

4. Soil testing.

5. Pest control.

6. Marketing of agricultural products.

7. Cultivation of ornamental plants.

8. Promotion of agricultural co-operatives.

9. Promotion of commercial crops.

10. Application of bio-technology.

11. Popularization of innovative field trials and pilot projects.

12. Conduct of locally appropriate research and development.

II. Animal Husbandry and Dairy Farming

1. Running of district level veterinary hospitals and laboratories.

2. Running of dairy extension units.

3. Promotion of Milk co-operative societies.

4. Running of farms other than regional farms, breeding farms and research centers.

5. Implementation of district level training.

6. Implementation of disease prevention programmes.

7. Propagating new methods of field trials and pilot projects.

8. Locally relevant research and development.

III. Minor Irrigation

1. Development of ground water resources.

2. Construction and maintenance of minor irrigation schemes covering more than one Block

Panchayat Command area development.

IV. Fisheries

1. Arrangements for Fish marketing.

2. Management of fish farm development agency.

3. Management of district level pisciculture centres, net making units, fish markets, feed mills,

ice plants and cold storages.

4. Management of fisheries schools.

5. Introduction of new technologies.

6. Provide implements required for fishermen Promotion of fishermen's co-operative societies.

V. Small Scale Industries

1. Management of district industries centers.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

108

2. Promotion of small scale industries.

3. Setting up of industrial estates.

4. Organising exhibitions for sale of products.

5. Conduct of entrepreneur development programme.

6. Marketing of products.

7. Imparting training.

8. Create input service and common facility centers.

9. Implementation of industries development credit schemes.

VI. Housing

1. Implementation of housing complex and infrastructure development Mobilisation of housing

finance.

VII. Water Supply

1. Implementation of water supply schemes covering more than one Village Panchayat.

2. Taking over of water supply schemes covering more than one Village Panchayat.

VIII. Electricity & Energy

1. Taking over of micro-hydal projects.

2. Determining priority areas for extension of electricity.

IX. Education

1. Management of Government high schools (including Lower and Upper Primary Schools

attached to high schools).

2. Management of Government Higher Secondary Schools.

3. Management of Government Technical Schools.

4. Management of Government Vocational Training Centres and Ploytechnics.

5. Management of Government Vocational Higher Secondary Schools.

6. Management of District Institute for Educational and Training Co-ordination of centrally and

State sponsored programmes related to education.

X. Public Works

1. Construction and maintenance of all district roads vested within the District Panchayat

other than major district roads.

2. Construction of building for institutions transferred.

XI. Public Health & Sanitations

1. Management of district hospitals with all systems of medicines.

2. Setting up of centres for the care of special categories of handicapped and mentally

disabled people.

3. Co-ordination of centrally and State sponsored programmes at district level.

XII. Social Welfare

1. Provide grants to orphanages.

2. Establishment of welfare centres for the handicapped and destitute.

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

109

XIII. Poverty Alleviation

1. Providing infrastructure facilities for self employment programme.

XIV. Development of Scheduled Caste-Scheduled Tribe

1. Management of post metric hostels.

2. Management of vocational training cetnres for the Scheduled Caste/Scheduled Tribes.

XV. Sports and Cultural Affairs

1. Construction of stadium.

XVI. Co-operation

1. Organisation of co-operatives within the limits of District Panchayat.

2. Strengthening of the Co-operative institutions.

333...111...444... MMMuuunnniiiccciiipppaaallliiitttyyy

A. Mandatory Functions

1. Regulating building construction.

2. Protection of public land from encroachment.

3. Conservation of traditional drinking water sources.

4. Preservation of ponds and other water tanks.

5. Maintenance of waterways and canals under the control of the Municipality.

7. Stream water drainage.

8. Maintenance of environmental hygiene.

9. Management of public markets.

10. Vector control.

11. Regulation of slaughtering of animals and sale of meat, fish and other easily perishable

food stuffs etc.

12. Control of eating-houses.

13. Prevention of food adulteration.

14. Maintenance of roads and other public properties.

15. Street lighting and its maintenance.

16. Adopt immunisation measures.

17. Effective implementation of National arid State level strategies and programmes for

prevention and control of diseases.

18. Establishment and maintenance of burial and burning grounds.

19. Issue of licences to dangerous and offensive trades and industries.

20. Registration of births and deaths.

21. Providing bathing and washing ghats.

22. Arranging ferries.

23. Providing parking spaces for vehicles.

24. Construction of waiting sheds for travellers.

25. Providing toilet facilities and bathing ghats at public places.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

110

26. Regulating the conduct of fairs and festivals.

27. Issue licence to domestic dogs and destroy stray dogs.

28. Providing basic facilities in slum areas.

29. Amenities including foot path and road crossing facilities for pedestrians.

30. Preparation of detailed town planning and Action plan for implementation in a phased

manner.

B. General functions

1. Collection and updating of essential statistics.

2. Organising voluntary workers and make them participate in collective activities.

3. Organise campaign for thrift.

4. Awareness building against social evils like drinking, consumption of narcotics, dowry and

abuse of women and children.

5. Ensuring maximum people's participation in all stages of development.

6. Organise relief activities during natural calamities.

7. Inculcating environmental awareness and motivating local action for its upgradation.

8. Development of Co-operative Sector.

9. Promoting communal harmony.

10. Mobilising local resources in cash or in kind including free surrender of Land for

developmental purposes.

11. Propagating legal awareness among the weaker sections.

12. Campaign against economic offences.

13. Organising neighbourhood groups and self-help groups with focus on the poor.

14. Awareness building on civil duties.

C. Sector-wise distribution of functions

I. Agriculture

1. Bring into cultivation barren land and surrounding land.

2. Ensure optimum utilisation of land.

3. Soil conservation.

4. Production of organic manure.

5. Establishment of nurseries.

6. Promotion of co-operative-group farming.

7. Organising self-help groups among farmers.

8. Promotion of horticulture and vegetable cultivation.

9. Implementation of fodder crop development.

10. Encourage plant protection activities.

11. Development of seed production.

12. Implementation of farm mechanisation.

13. Running of Krishi Bhavans.

14. Organise Agricultural exhibitions.

II. Animal Husbandry and Dairy Farming

1. Implementation of cattle improvement programmes.

2. Increase the production of milk.

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

111

3. Poultry farming, bee keeping, piggery development, goat rearing and rabbit rearing.

4. Running of veterinary hospitals.

5. Running of I.C.D.P. sub-centres.

6. Formulation and implementation of preventive-health programme for animals.

7. Prevention of cruelty to animals.

8. Implementation of fertility improvement programmes.

9. Control of animal origin disease.

10. Running of veterinary poly-clinics and Regional Artificial Insemination Centres.

11. Providing of speciality services in animal husbandry.

12. Conduct cattle-poultry shows.

III. Minor Irrigation:

1. Implementation and maintenance of all minor and lift irrigation projects within the

Municipal areas.

2. Implementation and Maintenance of all micro-irrigation projects.

3. Carry out conservation of water.

4. Implementation of ground water resources development.

IV. Fisheries:

1. Implementation of Pisi-culture in ponds, fresh water and brackish in water, and

development of marine products.

2. Promotion offish-seed production and distribution.

3. Distribution of fishing implements.

4. Providing assistance for fish marketing.

5. Providing of minimum basic services for fishermen families.

6. Implementation of fishermen welfare scheme.

7. Development of traditional landing centres.

8. Administrative control of fisheries schools.

V. Social Forestry:

1. Growing of trees for fodder or fuel and growing of fruit trees.

2. Organise campaign for planting of trees and environmental awareness.

3. Afforestation of waste land.

VI. Small Scale Industries:

1. Promotion of cottage-village industries.

2. Promotion of handicrafts.

3. Promotion of traditional and mini industries.

4. Establishment of Mini Industrial Estates.

5. Encourage the industries with investment of one-third of S.S.I. limit.

6. Formulate and implement self-employment schemes in Industrial Sector.

7. Promotion of small scale Industries.

9. Implementation of the entrepreneur development programmes.

VII. Housing:

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

112

1. Identify the homeless and purampoke dwellers and to provide house sites and houses.

2. Implementing housing programmes.

3. Implementing the shelter rejuvenation programmes.

4. Popularising the low-cost housing.

5. Encourage housing co-operative societies.

6. Implement the development of housing complex and infrastructure.

7. Mobilise fund necessary for housing.

VIII. Water Supply:

1. Maintain water supply schemes within the respective Municipal area.

2. Arrange water supply schemes within the respective Municipalities.

IX. Electricity and Energy:

1. Install street lights.

2. Encourage the consumption of bio-gas.

3. Promote the non-conventional energy sources.

X. Education:

1. Run the Government pre-primary schools, primary schools and High schools.

2. Implement literary programmes.

3. Run the Government Industrial Training Centres in the Municipal area.

4. Run the Government Higher Secondary Schools in the Municipal area.

5. Run the Government Technical Schools in the Municipal area.

6. Run the Government Vocational Training Centres and Polytechnics in the Municipal area.

7. Run the Government Vocational Higher Secondary Schools in Municipal area.

XI. Public Works:

1. Construct and maintain the roads except National Highways, State Highways and major

District roads within the Municipality.

2. Construction of building for institutions including those were transferred from Government.

XII. Public Health and Sanitation:

1. Run Dispensaries, Primary Health Centres and sub centres under all systems of medicines.

2. Conduct child welfare centres and mother care homes.

3. Organise remedial and other preventive measures against disease.

4. Implement family welfare programmes.

5. Implement sanitation programmes.

6. Run Public Health Centres and Taluk hospitals under all system of medicine, in Municipal

area.

XIII. Social Welfare:

1. Run Anganvadis.

2. Sanction and distribute pension to destitute, widows, handicapped and agricultural

labourers.

3. Sanction and distribute unemployment wages.

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

113

4. Sanction financial assistance for the marriage of the daughters of widows.

5. Implement Group Insurance Scheme to the poor sectors.

6. Provide grant to orphanages.

7. Start institutions for the welfare of handicapped, destitute etc.

XIV. Eradication of poverty:

1. Identify the poor.

2. Implement self employment and group employment schemes for the poor, especially for

women.

3. Create community assets to get continuing benefit to the poor.

4. Develop the skills of those below poverty line to do self- employment and for remunerative

employment.

5. Provide basic facilities for self-employment schemes.

XV. Development of the Scheduled Caste/Scheduled Tribe:

1. Implementation of beneficiary oriented schemes under Special Component Plan (SCP) and

Tribal Sub Plan (TSP).

2. Run Nursery schools for the Scheduled Caste/Scheduled Tribe.

3. Provide basic facilities in the residential centres for the Scheduled Caste/ Scheduled Tribe.

4. Provide financial assistance for the Scheduled Caste/Scheduled Tribe Students.

5. Provide assistance discretionally to the Scheduled Caste and the Scheduled Tribes who

deserve.

6. Run Pre-rnetric hostels in Municipal area.

7. Develop Scheduled Caste/Scheduled Tribe Co-operative Societies.

8. Run post-metric hostels in Municipal area.

9. Run Vocational Training Centres for the Scheduled Caste/Scheduled Tribe in Municipal area.

XVI. Sports and Cultural Affairs:

I. Construct playgrounds and studios.

XVII. Public Distribution system:

1. Examine Complaints against Public distribution system and to find out and implement

remedial measures.

2. Organise campaigns against offences relating to weights and measures.

3. General Supervision of Ration shops, Maveli Stores, Neethi Stores and other public-

distribution systems and to provide guidance, and start new public distribution centres if

necessary.

XVIII. Natural Calamity relief:

1. Maintain relief centres.

2. Organise relief activities.

XIX. Co-operation:

1. Organise Co-operative Societies within the Municipal area.

2. Distribute Government grants and subsidies.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

114

333...222... DDDeeepppaaarrrtttmmmeeennntttaaalll DDDeeevvveeelllooopppmmmeeennnttt AAAccctttiiivvviiitttiiieeesss CCCooonnnvvveeerrrgggeeennnttt aaattt LLLooocccaaalll LLLeeevvveeelll

A few of the major development interventions taken up as part of the Annual Plan are listed

below. This is not an exhaustive list and the projects listed here are those that are convergent

at Local level and/or those which have a bearing on the environment. A detailed description of

these projects is provided in Annexure III.

333...222...111... AAAgggrrriiicccuuullltttuuurrreee aaannnddd AAAlllllliiieeeddd AAAccctttiiivvviiitttiiieeesss

A. Crop Husbandry

1. Sustainable Development of Rice Based Farming System (Outlay INR 2300 lakh)

2. Coconut Development (Outlay INR 1525 lakh)

3. Development of Kuttanad Wetland Eco System (Outlay INR 83 lakh)

B. Soil and water conservation

1. Soil and Water Conservation on Water Shed Basis(Nabard Assisted RIDF Scheme) (Outlay

INR 2500 lakh)

C. Animal husbandry

1. Commercial Dairy and Milkshed Development Programme (Outlay INR 600 lakh)

D. Fisheries Development

1. Modernisation of Craft and Popularisation of New Crafts - Conversion of OBMs to LPG

(Outlay INR 15 lakh)

2. Distribution of suitable complements of Fishing Gear (SS 50%) (Outlay INR 10 lakh)

3. Development of Deep Sea Fishing (Outlay INR 25 lakh)

4. Matsyakeralam(New scheme) (Outlay INR 150 lakh)

5. NFWF Assisted Housing(SS 50%) (Outlay INR 350 lakh)

E. Other projects

1. Food Security Project(New Scheme) (Outlay INR 3600 lakh)

2. Rashtriya Krishy Vikas Yojana(RKVY) (Outlay INR 6011 lakh)

333...222...222... RRRuuurrraaalll DDDeeevvveeelllooopppmmmeeennnttt

A. Rural Development

1. Swarnajayanthi Gram Swarozgar Yojana (SGSY) (Outlay INR 800 lakh)

2. SGSY (Special projects) (Outlay INR 433 lakh)

3. Indira Awaz Yojana - IAY (General) (Outlay INR 1451 lakh)

4. NREGP (Outlay INR 4000 lakh)

5. Attappady Environmental Conservation and Wasteland Development Project (Outlay INR

5600 lakh)

6. Integrated Wasteland Development Programme (IWDP)/HARIYALI (State Share 8.33%)

(Outlay INR 100 lakh)

7. Clean Kerala Mission (Outlay INR 700 lakh)

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

115

B. Community development and panchayat

1. Kudumbasree (Outlay INR 3000 lakh)

2. Special Development Fund for MLA – Area Development (Outlay INR 10575 lakh)

3. Burial ground (Outlay INR 170 lakh)

4. Setting up of slaughter House (Outlay INR 225 lakh)

333...222...333... SSSpppeeeccciiiaaalll AAArrreeeaaa DDDeeevvveeelllooopppmmmeeennnttt PPPrrrooogggrrraaammmmmmeeesss

1. Special Area Development – WGDP (Outlay INR 3235 lakh)

2. Special Area Development - Integrated Coastal Area Development Project (Outlay INR

1000 lakh)

3. Backward Region Grant Fund (Outlay INR 3427 lakh)

333...222...444... IIIrrrrrriiigggaaatttiiiooonnn aaannnddd FFFlllooooooddd CCCooonnntttrrrooolll

A. Major & Medium irrigation

Karapuzha Irrigation Project (Outlay Rs.2090.00 lakh), Idamalayar Irrigation Project (Outlay Rs.

800.00 lakh) ,Banasurasagar Irrigation Project (Outlay Rs.700.00 lakh), Construction of

Regulator – Cum- Bridge at Chamravattom (Outlay Rs.4000.00 lakh) ,Accelerated Irrigation

Benefit Programme (AIBP) for rehabilitation Package (Outlay Rs. 4000.00 lakh) , Muvattupuzha

Valley Irrigation Project (Outlay Rs.1200 .00 lakh).

B. Minor irrigation

• Ground Water Development : Investigation and Development of Groundwater Resources

(Outlay Rs. 400.00 lakh); Conservation of Ground Water and Artificial Recharge (Outlay

Rs.30.00 lakh) ; Scheme for Control and Regulation of Ground Water Exploitation (Outlay

Rs. 20 .00 lakh ) ; Rajiv Gandhi National Drinking Water Mission Scheme (S.S. 50%) (Outlay

Rs. 55.00 lakh)

• Surface Water Development: Lift Irrigation (Outlay Rs.740.00 lakh) ;Minor Irrigation Class – I

(Outlay Rs.175.00 lakh) ;Minor Irrigation Class II (Outlay Rs. 100.00 lakh) ;Repairs and

Maintenance of Minor Irrigation Structures (Outlay Rs.207 .00 lakh) ;Rural Infrastructure

Development Fund Assistance (Outlay Rs. 4800 .00 lakh)

C. Command Area Development

1. Command Area Development Programme (SS 50%) (Outlay INR 220 lakh)

2. Restoration of water bodies (SS 25%) (Outlay INR 5 lakh)

3. Implementation of Participatory Irrigation Management (Outlay INR 2 lakh)

4. Local Level Water Resources Development and Management (Outlay INR 25 lakh)

5. Rural Infrastructure Development Fund assistance (Outlay INR 200 lakh)

D. Flood Control (including anti-sea erosion)

1. Pamba Action Plan (SS 30%) (Outlay INR 1 lakh)

2. Coastal Zone Management (Outlay INR 25 lakh)

3. Critical Anti Sea Erosion works in coastal and other than Ganga basin States (State share

25%)(Outlay INR 10 lakh)

4. Twelfth Finance Commission Award for Coastal Zone Management (Outlay INR 4375 lakh)

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

116

333...222...555... EEEnnneeerrrgggyyy

A. Power Development

1. Hydel projects: ongoing , completed and new schemes, Survey, Investigation And

Environmental Studies , Research And Development Works, Transmission-Normal,

Renovation And Modernisation Of Hydro Stations, Distribution normal

2. Rajiv Gandhi Grameen Vaidyuteekaran Yojana (RGGVY) Scheme (Outlay Rs. 3000.00 Lakh)

3. Accelerated Power Development & Reforms Programme (APDRP) (City scheme) Other ACA

Scheme (Outlay Rs. 2250.00 Lakh)

4. Capital City Development (Outlay Rs. 40.00 Lakh)

5. Non-Conventional Source Of Energy & Wind Schemes –To Be Implemented By KSEB:

Ramakkalmedu Wind Farm (5 MW / 11.6 MU) (Outlay Rs. 1000.00 Lakh)

6. Improvement Of Quality Power Supply In Municipalities And Corporations (Outlay Rs. 50.00

Lakh)

7. Rehabilitation Of Panniar Power House (Outlay Rs. 600.00 Lakh)

8. Coal Based Power Project (Outlay Rs. 2000.00 Lakh)

B. Non Conventional And Renewable Sources Of Energy

1. ‘Programmes of ANERT integrated with TESM and other Departments –Renewable Energy

and Energy Management (Outlay INR 450 lakh)

2. Flagship Project On Rural Energy (TESM) (Outlay INR 1095 lakh)

3. RIDF-Scheme For Small Hydro Generation (Outlay INR 500 lakh)

333...222...666... IIInnnddduuussstttrrryyy aaannnddd MMMiiinnneeerrraaalllsss

A. Village & Small Industries

1. Seed Capital loan to Small Scale Entrepreneurs (Outlay INR 350 lakh)

2. Industrial Co-operative Societies (Outlay INR 15 lakh)

3. Infrastructure Development (Outlay INR 324 lakh)

4. State Investment Subsidy (Outlay INR 800 lakh)

5. Kerala State Small Industries Development Corporation (SIDCO) (Outlay INR 20 lakh)

6. Agro based and Food Processing Industries (Outlay INR 100 lakh)

7. Promotion of Production of Ancillaries for Industrial Enterprises (Flagship Programme)

8. Small Industry Cluster Development Programme (Outlay INR 200 lakh)

9. Scheme for Women Entrepreneurs to set up Industrial Units

10. Construction of multistoried industrial estate ( One time ACA scheme) (Outlay INR 450

lakh)

11. Modernization and development of Industrial Estates at Kanjikode(Palakkad) and at

Aroor(Alleppy) (One time ACA scheme)

B. Handicrafts

1. Entrepreneur Assistance Scheme in Handicrafts/Artisan Sector (Outlay INR 50 lakh)

2. Establishment of Common Facility Service Centres for Handicrafts (Flagship Programme)

C. Handloom and Power loom Industries

1. Upgradation to Powerloom/Modernisation of Factory Type Societies (Outlay INR 40 lakh)

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

117

2. Establishment of Mini – Pre-loom Process Centres (warping and sizing units) (Outlay INR 100

lakh)

3. Technology Upgradation and Transfer of new Technologies to Handloom weavers/workers

4. Promotion of Master Weavers to set up Production Units

5. Partial Mechanisation of Preloom Processing

6. Establishment of Hank Yarn Production Centres at Kollam

7. Revitalisation of spinning mills under TEXFED (Outlay INR 300 lakh)

8. Integrated Handloom Development Scheme (IHDS) (CSS)

C. Coir Industry

1. Margin Money Loan to Entrepreneurs (Outlay INR 10 lakh)

2. Regulated Mechanization of Coir Industry (Outlay INR 500 lakh)

3. Production and Marketing Incentive (Outlay INR 100 lakh)

4. Mahila coir yojana (Outlay INR 25 lakh)

5. Establishment of New Factory for the Production of Jute-Coir Blended Yarn (Flagship

Programme)

6. Establishment of New Factory for Manufacture of Coir Composite Boards (Flagship

Programme)

7. Establishment of Defibering Mills (Outlay INR 1900 lakh)

8. Cluster development programme in Coir sector (New scheme)

9. Kerala Industrial Infrastructure Development Corporation (KINFRA) (Outlay INR 1500 lakh)

333...222...777... TTTrrraaannnssspppooorrrttt aaannnddd CCCooommmmmmuuunnniiicccaaatttiiiooonnn

A. Port and Light Houses

Port department : Capital Dredging at Minor Ports (Outlay Rs. 101.00 lakh) ; Capital Repairs

and Major Additions to Floating Crafts (Outlay Rs. 70.00 lakh) ; Land Acquisition for Providing

Road / Rail connection and Development of Backup Areas in Selected Ports. Outlay Rs. 7.00

lakh); Development of Ports (Outlay Rs. 15.00 lakh) ; Beypore Harbour (Outlay Rs. 45.00 lakh) ;

Vizhinjam Cargo Harbour (Outlay Rs. 17.00 lakh) ;Thangassery Cargo Harbour (Outlay Rs.

120.00 lakh) ; Development of Alappuzha Port (Outlay Rs . 25.00 lakh; Azhikkal Port (Outlay

Rs. 300.00 lakh; Vizhinjam Deep Water International Container Transhipment Terminal (Outlay

Rs.2500.00 lakh.

B. Roads and Bridges

• PWD (National Highways): Roads of Economic Importance (50% CSS ) (Outlay Rs.484.00 lakh)

; Development of Urban links in NH (Outlay Rs. 10.00 lakh);

• PWD State Highways : Development and Improvement (SH) (Outlay Rs. 300.00 lakh) ;

Bridges and Culverts(SH) (Outlay Rs. 100.00 lakh).

• Major district roads: Development and Improvement(MDR) (Outlay Rs. 515.00 lakh); Bridges

and Culverts(MDR) (Outlay Rs. 251.00 lakh); Roads in Thiruvananthapuram, Kochi,

Kozhikode, Kollam and Thrissur cities. (Outlay Rs. 100.00 lakh) ; Railway Safety Works

(Outlay Rs.100.00 lakh; Road Safety Works (Outlay Rs.25.00 lakh); Kerala State Transport

Project (KSTP) (Outlay Rs. 35000.00 lakh); Construction and Improvement of Bridges –

NABARD assisted work (Outlay Rs. 7000.00 lakh) ; Construction and Improvement of Roads –

NABARD assisted work (Outlay Rs.7700.00 lakh) ; Sabarimala Road Project (Outlay Rs.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

118

600.00 lakh); Rolling Heavy Maintenance Programme for the State Highways (Outlay Rs.

600.00 lakh).

C. Road transport

• Establishment of Vehicle Testing Station (Outlay INR 125 lakh)

• Driver Testing Yards (Outlay INR 42 lakh)

D. Inland water transport

• State Water Transport Department : Land, Building and Terminal Facilities (Outlay Rs.50.00

lakh) ;

• Acquisition of Fleet and Augmentation of Ferry services (Outlay Rs. 250.00 lakh; Workshop

Facilities (Outlay Rs.100.00 lakh) ; Purchase of New Engine and Reconstruction of Old Boats

(Outlay Rs.100.00 lakh)

• Kerala Shipping and Inland Navigation Corporation Ltd.

• Coastal Shipping and Inland Navigation Department : Inland Canal Scheme - (State sector)

(Outlay Rs.200.00 lakh) ; Twelfth Finance Commission Award Scheme ( Grant – in Aid)

(Outlay Rs.5625.00 lakh); RIDF Schemes (Outlay Rs.4000.00 lakh

• Other transport services: Metro Rail System in Kochi City (Outlay Rs 50.00 lakh) ; Rail Coach

Factory at Palakkad (Outlay Rs.50.00 lakh)

333...222...888... SSSccciiieeennnccceee ,,, TTTeeeccchhhnnnooolllooogggyyy aaannnddd EEEnnnvvviiirrrooonnnmmmeeennnttt

Information Technology

• Kerala State Information Technology Infrastructure Company (Outlay INR 1000 lakh)

• Land Acquisition and Infrastructure Development Under IT-Techno Park, Info Park and

Cyber Park (Outlay INR 4000 lakh)

• IT park at Ambalapuzha

Forestry and Wild life

• Management of Natural Forests : Consolidation of forests (Outlay Rs.175.00 lakh) ; Forest

Protection (Outlay Rs. 1070.00 lakh) ; Regeneration of Degraded (Denuded) Forests

(OutlayRs.200.00 lakh)

• Improving productivity of plantations: Hardwood Plantation (Outlay Rs.40.00 lakh) ;

Industrial raw material Plantation (Outlay Rs 400.00 lakh)

• Infrastructure (Outlay INR 260 lakh)

• Bio-diversity Conservation and Protected Area Management : Conservation of Bio-diversity

(Outlay Rs. 110.00 lakh); Management of Sanctuaries and National Parks (50% CSS) – State

Share (Outlay Rs. 762.00 lakh); Eco-Development Programme (Outlay Rs.25.00 lakh);

Integrated Forest Protection Schemes – (State Share - 25%) (Outlay Rs. 150.00 lakh); Eco

Tourism (Outlay Rs. 100.00 lakh)

• Extension Forestry (Outlay INR 300 lakh)

• Management of Non-wood Forest Products (Outlay INR 160 lakh)

• Rural Infrastructure Development Fund (Outlay INR 500 lakh)

• Twelfth Finance Commission Award (Outlay INR 500 lakh)

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

119

Ecology and Environment

• Eco Restoration of Wet lands (Outlay INR 120 lakh)

• River Action Plan (Outlay INR 500 lakh)

• Protection of catchments of reservoirs of Water Supply Schemes (Outlay INR 20 lakh)

• Air and Water Quality Monitoring (Outlay INR 10 lakh)

333...222...999... GGGeeennneeerrraaalll EEEcccooonnnooommmiiiccc SSSeeerrrvvviiiccceeesss

Secretariat Economic Services

• Plan Monitoring, Administrative Reforms, Sectoral Reforms and Good Governance under

State Planning Board (Outlay INR 246.75 lakh)

• Assistance for Project Preparation (Outlay INR 40 lakh)

• Tsunami Rehabilitation Programme (other ACA) (Outlay INR 24700 lakh)

Tourism

• Tourist Resort (Kerala) Ltd

• Development of Bekal Beach Resorts

• Up-gradation and Creation of Infrastructure at Tourist Centre and Development of

Innovative Tourism Products (Outlay INR 1300 lakh)

• Development of Eco tourism products (Outlay INR 150 lakh)

• Incentives for Creation of Infra Structure Facilities and Tourism Products in Private sector

• RIDF Schemes (Outlay INR 1500 lakh)

Social Services

• Medical and Public Health : Disease Surveillance programme (50% State share) (Outlay INR

160 lakh); Surveillance and control of communicable diseases. (Outlay INR 125 lakh);

Hospital Waste management (Outlay INR 20 lakh); Hospital Waste Management in medical

colleges and hospitals (Outlay INR 50 lakh);

• Water Supply and Sanitation : Sewerage Schemes (Outlay INR 250 lakh); Water Supply

Schemes to Medical College Hospitals; Urban Water Supply Schemes- Improvement and

Rehabilitation of Existing Schemes (Outlay INR 300 lakh); Rural Water Supply Schemes-

Improvements to the Existing Schemes (Outlay INR 250 lakh); JBIC Assisted Kerala Water

Supply Project (Outlay INR 90000 lakh); Matching Assistance for LIC Assisted Rural Water

Supply Schemes (Outlay INR 100 lakh); Restructured Central Rural Sanitation Programme

(Total Sanitation Campaign) (25% State Share) (Outlay INR 600 lakh); Completion of World

Bank aided Kerala Rural Water Supply Project – Jalanidhi ; Water Supply Schemes to Rural

Schools (50% State Share) (Outlay INR 100 lakh); Completion of Rural Water Supply Schemes

other than ARWSP Schemes.; NABARD Assisted Rural Water Supply Schemes (Outlay INR

3700 lakh); Guruvayoor Drainage Scheme; Water Supply Scheme to Guruvayoor and

Adjoining Areas ; Accelerated Rural Water Supply Project (ARWSP) (50% State Share)

(Outlay INR 500 lakh); Special Package for completing the Urban Water Supply Schemes

(Outlay INR 2000 lakh); Add on Project of Jalanidhi - World Bank aided Scheme (Outlay INR

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

120

3100 lakh); Improvements of RWSS to Cheriyanadu in Alappuzha Panchayath; Scaling up of

Rain Water Harvesting and Ground Water Recharge Programme

• Housing: Reconstruction of One Lakh Housing Scheme (MN LAKSHAM VEEDU PUNARNIRMANA

PADHATHI); Suraksha Housing Scheme (Outlay INR 200 lakh)

• Urban Development: Urban Infrastructure Development Scheme for Small and Medium

Towns (UIDSSMT) (Outlay INR 3696 lakh); Provision of Urban amenities in Rural Areas

(PURA); Scheme for preparing Master Plans and Detailed Town Plans (Outlay INR 250 lakh);

Swarna Jayanthi Shahari Rozgar Yojana (25% SS) (Outlay INR 320 lakh); Integrated Housing

and Slum Development Programme (IHSDP) (Outlay INR 12800 lakh); Basic Services to the

Urban Poor (BSUP) (Outlay INR 20000 lakh); Jawaharlal Nehru National Urban Renewal

Mission (JNNURM) (Outlay INR 24865 lakh); Kerala Sustainable Urban Development Project

(Externally Aided Project) (Outlay INR 22091 lakh)

• Welfare Of Scheduled Castes, Scheduled Tribes And Other Backward Classes: House to

Houseless (Outlay INR 5000 lakh); Land to landless (Outlay INR 3000 lakh); Purchase of land

to landless SCs for construction of houses (One time ACA); Rural Development Schemes;

Housing Programme for ST (Outlay INR 500 lakh); Extension of Kudumbashree to Tribal

Areas (Outlay INR 50 lakh); Resettlement of Landless Tribals (Outlay INR 2500 lakh);

Support to the Tribal Mission for Resettlement of Landless Tribals (ACA); Enhancement of

Facilities in Tribal Areas (Second phase) (One Time ACA) (Outlay INR 200 lakh); Drinking

Water Supply to Tribal areas of Idukki District (ACA) (Outlay INR 30 lakh); Drinking Water

• supply to Tribal Areas of Wayanad (ACA); Rural Development Schemes- Indira Awaz Yojana

– TSP (25% State Share) (Outlay Rs 336.00 lakh) and Swarnjayanthi Gram Swarozgar Yojana –

TSP (25% State Share) (Outlay Rs 580.00 lakh)

333...333... EEExxxiiissstttiiinnnggg AAApppppprrrooovvvaaalll PPPrrroooccceeessssss

Detailed guidelines for preparation of Annual Plans and Five Year Plans are issued by the state

government from time to time. The guidelines issued for X1th five year plan seeks to

consolidate the gains of decentralized planning , address issues and challenges emerging from

the experience of the last ten years and achieve proper institutionalization of decentralization

in the State.

333...333...111... GGGuuuiiidddeeellliiinnneeesss fffooorrr LLLooocccaaalll GGGooovvveeerrrnnnmmmeeennntttsss

The core objectives of People’s Plan would be revitalization of agriculture and promotion of

local economic development along with improvement of public services with focus on the poor.

The methodology aims at improving the quality of planning and preparing District Plans, with

enhanced participation of the people and support of professionals.

The core of the new methodology would be the preparation of integrated Watershed

Management plans, following the principles of iterative, multi-level planning, with local

watershed plans being prepared with a full understanding of the River Basin issues and being

organically merged to form a River Basin Management plan. This process will be highly

participatory, involving agricultural workers, farmers, all those dependant on natural resources

and farm produce for their livelihood, and officials, professionals and activists concerned. The

outputs would be implementable action plans for increasing production and productivity in

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

121

agriculture and other allied sectors. The outcomes are expected to be progressive restoration

of water - land - biomass balance and improved livelihood opportunities based on sustainable

natural resources management.

333...333...222... WWWooorrrkkkiiinnnggg GGGrrrooouuupppsss

Working Groups are mandatory for the following sectors for the Eleventh Five Year Plan.

(1) Watershed Management including Environment, Agriculture, Irrigation, Animal Husbandry,

Dairying, Fisheries and related sectors.

(2) Local Economic Development other than agriculture including local industries, promotion of

private and community investment and mobilization of credit.

(3) Poverty Reduction including housing

(4) Development of Scheduled Castes

(5) Development of Women and Children

(6) Health

(7) Water Supply and Sanitation including Solid Waste Management

(8) Education, Culture, Sports and Youth

(9) Infrastructure

(10) Social Security including care of the aged and disabled

(11) Energy

(12) Governance Plan

In addition, for all Local Governments having allocation under Tribal Sub Plan, a separate

Working Group for Development of Scheduled Tribes should be set up. In Urban Local

Governments, the Working Group on Poverty Reduction would look after Slum Development.

Each Working Group, should be headed by an elected member and a leading expert in the

sector concerned should be nominated as the Vice- Chairman of the Working Group. The

Convener of the Working Group should be the senior most official transferred to the local

government in that sector. Other professional officials shall be its members. Members of a

Working Group should be experts capable of contributing to it, specially invited by the Local

Government. At least one member of the Kudumbashree CDS should be included in all the

Working Groups and in the case of Working Groups on Poverty Reduction, Development of

Women and Children, Development of Scheduled Castes at least two members of the CDS have

to be included. SC Promoters should be nominated to all Groups.

The Working Groups have to prepare the following in respect of each sector:

• A comprehensive review of the schemes implemented in Ninth and Tenth Five Year Plans by

Local Governments. List out major schemes implemented in the sector by Government and

other agencies within the Local Government. The database, relevant to the sector, shall be

prepared from all available secondary sources. If required quick surveys and studies may be

taken up to fill up gaps.

• Note on issues in the planning, implementation and monitoring aspects in the last ten

years.

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

122

• Preparation of problem matrix for the sector and note on key issues facing the sector,

existing gaps, local potential for development in the sector, strategies for addressing the

issues and achieving the potential for development.

• Prepare the list of potential projects - for Plan and Maintenance Plan

For these tasks, the Working Group may verify records, conduct field visits, discuss with a

sample of beneficiaries of the scheme, discuss with key stakeholders and conduct surveys and

studies.

333...333...333... GGGrrraaammm SSSaaabbbhhhaaa /// WWWaaarrrddd CCCooommmmmmiiitttttteeeeeesss

Pre-Grama Sabha/Ward Sabha consultations with key stakeholders, held for preparation of

Annual Plan, will be relied on for the preparation of Five Year Plan. Grama Sabhas / Ward

Sabhas would be held after sufficient environment creation and information dissemination

through the media as well as specifically through educational institutions, people’s

organizations, work places and the Kudumbashree network. Six facilitators should be trained

for each Grama Sabha/ Ward Sabha. The agenda should be semi-structured, through a

questionnaire covering key development issues within the Local Government as a whole, rather

than local issues. Detailed thematic discussions are to be held in break-out groups.

In the case of Block Panchayats, Grama Sabha like sessions would be held with all elected

members of Village, Block and District Panchayats within their jurisdiction; in the case of

District Panchayats this exercise would be limited to Standing Committee Chairpersons of

Grama Panchayats and elected members of Block Panchayats and the District Panchayat.

333...333...444... PPPrrreeepppaaarrraaatttiiiooonnn ooofff DDDeeevvveeelllooopppmmmeeennnttt RRReeepppooorrrttt aaannnddd VVViiisssiiiooonnn dddooocccuuummmeeennnttt:::

For preparation of the Development Report and Vision Document, each Local Government

should nominate a team consisting of officials and resource persons. The District Panchayats

would not have a separate Development Report and Vision Document. The District Planning

Committee would prepare the Development Report and Vision Document for the whole district.

The development Reports and Vision Documents of Urban Local Governments would be

prepared as City Development Plans incorporating the points laid down by the Jawaharlal

Nehru National Urban Renewal Mission (JNNURM) as well.

Development Report would primarily analyze the development situation in the Local

Government in respect of different sectors and also present an overall assessment of

development. It will use all data available locally and also collect additional data required

specially for the purpose. Development Report would summarise the strategies followed in the

Ninth and Tenth Plans, the key project interventions and their outcomes as assessed by the

Working Groups as well as the beneficiaries. The Vision Document, which would be added to

the Development Reports, would go beyond five years and give the vision of overall

development of the Local Government, as well as development in different sectors.

Chapter 3 Responsibilities, Functions and Development Paradigm of Local Governments

Kerala Local Government Service Delivery Project

123

333...333...555... PPPrrreeepppaaarrraaatttiiiooonnn ooofff DDDrrraaafffttt PPPlllaaannn aaattt LLLooocccaaalll GGGooovvveeerrrnnnmmmeeennnttt LLLeeevvveeelll

Each Local Government would decide the broad allocations for different sectors and call a

meeting of Working Groups and arrive at a consensus on key strategies and priority schemes.

This meeting should finalize the Discussion Paper containing the draft Plan proposals. The Anti

Poverty Sub Plan, Governance Plan, Maintenance Plan and wherever applicable, the Tribal Sub

Plan should be separate documents where full details would be presented.

333...333...666... DDDeeevvveeelllooopppmmmeeennnttt SSSeeemmmiiinnnaaarrr

Development Seminars would be held with the participation of key representatives from

different walks of life and professionals, including two representatives nominated by each

Grama Sabha/Ward Sabha, one male and one female. The Draft Plan and Maintenance Plan

would be discussed in these seminars through group discussions. The gist of the Development

Report and Vision Document would be circulated. The Development Seminar would thus fine-

tune the specific strategies to be followed and fix the priorities. Each Local Government

should have a key development theme for the Plan as a whole or for each of the five years

related to the broad themes for the district developed by the DPC.

The elected Councils of local governments would meet along with key members of Working

Groups and consider the suggestions and recommendations of the development seminar and

make suitable modifications of priorities, strategies and allocations.

The Working Groups would then prepare detailed project reports within their allocation in the

formats to be prescribed. The working group shall be responsible for proper technical

assessment in matters like suitable type of irrigation projects, mix of measures in watershed

management, source sustainability in water supply programmes, technological and managerial

soundness in sanitation projects etc. The Working Groups should give accurate assessment of

cost as well as environmental implications of projects having such implications.

Plan finalization would be done by the Local government and all relevant documents shall be

submitted to the District planning committee for approval.

333...333...777... TTTeeeccchhhnnniiicccaaalll AAAdddvvviiisssooorrryyy GGGrrrooouuuppp (((TTTAAAGGG)))

Technical Advisory Groups (TAGs) are constituted at the district level for Block Panchayats and

District Panchayat, at the Block level for Village Panchayats and at the

Municipality/Corporation level for Municipalities /Corporation. The members of TAG will be

experts from departments, professional colleges, academic institutions, public/private sector

organizations, NGOs, Bankers and from among retired personnel and practitioners. The District

Collector would be the Chairman and District Planning Officer the Convener and Secretary of

district level TAG. The Secretary concerned, would be the Convener and Secretary of other

TAGs. The TAGs should have sub groups for different sectors.

The functions of the TAGs are:

(1) Ensuring that local government plans are in accordance with the mandatory guidelines

issued by Government, particularly in relation to investment ceilings for the broad sectors,

Environmental and Social Assessment Report Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

124

subsidy limits, sectoral guidelines, priorities to various groups, ineligible categories for

assistance etc.

(2) Ensuring that the plans are in accordance with prevailing technical guidelines.

(3) Verifying whether the costing is appropriate and the phasing is reasonable.

(4) Giving suggestions for innovative plans and integrated projects, which Local Governments

may accept if they so desire.

The TAG sub groups should go through every project in detail, visit sites if required and make

suitable recommendations to the DPC. In case the TAG identifies any problem with Local

Government projects it should hold discussions with the elected head and the implementing

officer concerned of the Local Government and sort out matters across the table. No plan,

which does not have the required allocation for the mandatory schemes, should be forwarded

to DPC.

The draft Plan of District Panchayats and Corporations should be submitted to a State Level

Technical Group after vetting by TAG.

333...333...888... DDDiiissstttrrriiicccttt PPPlllaaannnnnniiinnnggg CCCooommmmmmiiitttttteeeeee

The projects vetted by the Technical Advisory Groups should be considered in detail by the

District Planning Committees (DPCs). Technical Advisory Groups may be asked to present their

assessments before the DPC and a considered decision taken. DPCs should go beyond ensuring

adherence with guidelines, to verifying whether the plans of local governments match the

priorities outlined in their vision documents as well as the district vision. Also DPCs should not

give ad-hoc clearances or conditional clearances. If DPCs feel that modification of a Local

Government plan is necessary, discussions should be held with key representatives of the Local

Government including the elected head. If there is a dispute that cannot be sorted out locally,

the matter may be referred to the Co-ordination Committee at the State level.

The DPC would coordinate the preparation of decentralized plans and also integrate them into

a District Plan. The DPC would take the lead in the preparation of the following plans with

special methodologies: (i) Watershed management and local economic development plan (ii)

Health plan (iii) Education plan (iv) Total sanitation plan (v) Water Supply Plan (vi) Energy plan

(vii) Connectivity Plan (viii) Special Component Plan (ix) Tribal Sub Plan (x) Anti-poverty Sub

Plan (xi) Women Component plan (xii) Plan for children (including ICDS), aged and the disabled

(xiii) Governance Plan (xiv) Plan for Sports. The DPC would integrate all the plans into a

District Plan with a spatial platform.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Chapter 4

Environmental Baseline and Implications of Development Interventions at the Local Level

4.1. Introduction

his chapter looks at the environmental baseline pertaining to the state of Kerala vis-à-vis

aspects relevant to the proposed local government strengthening project. The physical and

biological environment in the state has been discussed in addition to sectors such as

agriculture, irrigation, fishery, industry, water& sanitation, pulic works, housing etc. To

illustrate typical local environmental issues in context of specific Local Governments, a

discussion on the State of the Environment (SoE) report 2005, of sample gram panchayaths and

municipalities has been included. These reports delineate typical environmental issues, their

implications and the LSG’s / community’s response at the local level.

The Panchayati Raj Act of Kerala defines a host of mandatory functions, general functions and

sectoral functions to be performed by three tier local self government institutional set-up. The

long list of functions mentioned in the act, encompass a diverse spectrum of sectors and

services. Consequently, the nature of environmental and social (E&S) implications resulting

from the performance of these varied functions also spans an equally wide range. While the

E&S impacts in respect of certain functions could be of substantially adverse nature, impacts

in respect of certain other functions could be, on the other hand, outright beneficial, which is

exactly opposite of the former. Further, certain other act functions may be completely neutral

in terms of E&S impacts.

In addition to the above, an attempt has been made to develop an in-depth understanding of

adverse E&S impacts that can be caused by sectoral programmes and interventions by

development departments under state and central schemes by including them as well in the

environmental and socal analysis carried out as above, using the same activity-impact matrix

method.

Subsequently, to get a first hand feel of the development paradigm and environmental

concerns of local bodies, structured focus groups discussions were organized in selected three

tier Panchayats and Urban Local Bodies. This Chapter summarises the environmental baseline,

findings of the the activity-impact matrix analyisis and the highlights of the Focus Group

Discussions conducted in selected local bodies.

4.2 Environmental Baseline

The state of Kerala is situated at the western edge of the tip of the Indian peninsula. The

topography in this region is unique in the sense that the land mass rises from 5m below sea

level in the west to the towering heights of 2695 m above mean sea level in the east within a

relatively short span of 120 km. The state has a geographical area of 38863 sq. km with a base

length of 560 km along the coast and width ranging from 11km to 124 km. Physiographically,

there are three natural regions namely, lowlands, midlands and the highlands which have very

different climates and ecology. The three regions are shown in the map given in Fig 4.1.

TT

130

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Figure 4. 1: Topograpical regions in Kerala (source www.prokerla.com)

Geologically, there are four major rock formations namely, crystallines, sedimentaries,

laterites and recent and sub recent sediments. Though Kerala has a variety of mineral

deposits, they are not plenteous. The sandy beaches of Kerala contain ilmenite, the main ore

of titanium, and rutile (titanium oxide).

There are extensive deposits1 of white clay and commercially valuable deposits of graphite,

lignite (brown coal), limestone, and mica in Kerala. Iron ore has been found at Calicut. Kerala's

monazite, magnetite, sillimanite, and zircon deposits are largely undeveloped. Apart from this

the beach sand of Kerala is rich in radioactive elements. Although it has been proved that

there are deposits of gold at some places of Wayanad, Kozhikode and Malappuram districts,

mining is yet to start. Neendakara, Chavara and Kayamkulam regions have ample deposits of

illuminate, magnetite, zircon etc. Following are some other mineral deposits found in Kerala:

• White Clay: Various places of Thiruvananthapuram district have rich deposits of white

clay. Apart from this Kundara and Chattannur of Kollam district are famous for their

plenteous deposits of China clay. This china clay is extensively used for the production

of ceramic wares and materials such as electric fuses.

1 www.prokerala.com

131

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

• Graphite: Thiruvananthapuram and Kollam districts of the state have abundant deposits

of graphite. Being a multipurpose mineral, graphite is used in making a variety of

products.

• Silica sand: This is the main constituent of glass and therefore the major raw material

of glass industry. Silica is found in various part of Alappuzha district like Cherthalai,

Panavalli, Pallippuram etc.

• Iron ore: Deposits of Iron ore has been found at various places surrounding Kozhikode.

• Bauxite: Fairly large deposits of bauxite have been found at various places of the

Kollam district like Shooranadu, Adichanelloore etc.

4.2.1 Demography

Kerala's population as per Census 2001 was 318.41 lakh, 3.1% of that of the country. Among the

districts in Kerala, Malappuram has the highest population of 36.3 lakh while Wayanad has the

lowest at 7.87 lakh. The population density of the state is about 819 people per square

kilometres, three times the national average. Kerala is one of the densest States in the

country. The district wise population figures for the state are given in Table 4.1.

Among the districts of Kerala,

Alappuzha has the highest density

of population with 1489/Km2 and

Idukki has the lowest with 252/Km2.

The decadal growth rate had been

at higher rate from 1941 to 1971

and since then the growth rate has

been declining. The state recorded

a decadal population growth of +

9.42% (1991-2001). Among the

districts, Pathanamthitta had the

lowest decadal growth rate of

population of 3.72% and

Malappuram, the highest growth

rate of 17.22%. Kerala, with a sex-

ratio (females per 1000 males) of

1058, is the only state in India with

a positive figure. This indicates very

high potential for economic growth.

The proportion of people in the

working age group is 63.4% in Kerala

as against 55.6% in India. As per 2001 Census, the total number of old age persons was 33.36

lakh, with highest percentage of old age population in Alappuzha district. 74% of the

population lives in rural areas. The population growth and decadal growth rate of Kerala are

Table 4.1: Kerala Districtwise Population

District Population Males Females

Thiruvananthapuram 32,34,356 15,69,917 16,64,439

Kollam 25,85,208 12,49,621 13,35,587

Alappuzha 21,09,160 10,14,529 10,94,631

Pathanamthitta 12,34,016 5,89,398 6,44,618

Kottayam 19,53,646 9,64,926 9,88,720

Idukki 11,29,221 5,66,682 5,62,539

Ernakulam 31,05,798 15,38,397 15,67,401

Thrissur 29,74,232 14,22,052 15,52,180

Palakkad 26,17,482 12,66,985 13,50,497

Kozhikode 28,79,131 13,99,358 14,79,773

Wayanad 7,80,619 3,91,273 3,89,346

Malappuram 36,25,471 17,54,576 18,70,895

Kannur 24,08,956 11,52,817 12,56,139

Kasargod 12,04,078 5,88,083 6,15,995

Total 3,18,41,374 1,54,68,614 1,63,72,760

Source : Census India 2001

132

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

depicted in Figure 4.2. In the human development and related indices Kerala occupies prime

position among the Indian States.

Figure 4.2: Trends in population growth in Kerala

4.2.1 Land use

The landscape of Kerala is a result of marine, fluvio-marine/estuarine, fluvial, denudational

cum depositional and denudational processes. As a result, the low land is characterized by

beaches, coastal plains, river terraces, marshes and lagoons. The midland consists of dissected

peneplains with numerous flood plains, terraces, valley fills and colluviums. The high ranges

run parallel to the coast from south to north with a break at the Palghat gap region. The

denudation process with ever active tectonics resulted in 44 river basins, 1750 sub basins and

4452 mini watersheds. The increased pressure on land for more resources and accelerated

human interventions in the form of mining, quarrying, filling of low lands along with all the

ingredients like high rainfall, undulating topography etc has led to significant land

modifications influencing the biophysical system and adversely affecting the ecological

security and environmental

stability. The major

environmental issues

confronting land

environment are land use

change, mining, soil erosion

and soil quality

deterioration. There are

various initiatives to

mitigate/manage these

issues, in order to upgrade

the overall environmental

systems.

Figure 4.3 shows the land

use pattern in Kerala. It can be seen from the figure that about 55% of the land is under

cultivation. 28% of the state is covered by forests. The amount of land under non-agricultural

uses is about 11%. These are the main three categories accounting for more than three-fourths

if the total area of the state. The rest of the land uses such as barren / uncultivated land, land

POPULATION GROWTH- KERALA

0

50

100

150

200

250

300

350

1901

1911

1921

1931

1941

1951

1961

1971

1981

1991

2001

Po

pu

lati

on

in

lak

hs

Rural

Urban

Total

POPULATION- DECADAL GROWTH RATE

0

5

10

15

20

25

30

1901 1911 1921 1931 1941 1951 1961 1971 1981 1991 2001

Gro

wth

rat

e (%

)

Figure 4. 3: Land use distribution in Kerala Source: http://www.kerenvis.nic.in/pdftables/land1.pdf

133

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

under miscellaneous tree crops, permanent pastures and grazing land and cultivable waste

land account for very small portions of the overall land share.

Table 4.2: District wise Land Use for Kerala for the year ending 2007- 08 (in Hectares)

District

Area

For

Land

Utilisation

Statistics

Not Available For Cutivation Other Uncultivated Land Excluding Fallow Land Fallow Land

Net

Area Sown

Total

Cropped

Area Forests

Area

Under

Non Agricultural

Uses

Barren

and

Un Culturable

Land

Total

Permane

nt

Pastures

and

Other

Grazing

Lands

Misc Tree

Crops and

Groves not

Included in

Net Area

Culturable

Waste

Land

Total

Fallow

Lands

Other

than

Current

Fallows

Current

Fallow

Total

ALAPPUZHA 141011 0 33178 149 33327 0 153 13956 14109 4462 4634 9096 84479 109455

ERNAKULAM 305826 70617 51734 405 52139 1 131 8182 8314 5308 9749 15057 159699 184773

IDUKKI 436328 198413 23077 2615 25692 171 248 1517 1936 892 1032 1924 208363 295783

KANNUR 297112 48734 32940 3513 36453 0 185 6008 6193 1993 4946 6939 198793 218606

KASARGOD 199166 5625 28630 8842 37472 15 2260 12415 14690 2590 2470 5060 136319 145083

KOLLAM (QUILON) 248788 81438 31345 228 31573 0 115 958 1073 1716 4646 6362 128342 170901

KOTTAYAM 220442 8141 29636 1805 31441 0 160 6577 6737 3372 3885 7257 166866 215902

KOZHIKODE 234641 41386 31017 1084 32101 0 188 1364 1552 714 2522 3236 156366 211576

MALAPPURAM 355446 103417 43212 2614 45826 8 427 5221 5656 4637 10749 15386 185161 247031

PALAKKAD 447584 136257 57506 2902 60408 0 1822 26037 27859 9131 17142 26273 196787 322171

PATHANAMTHITT 265277 155214 17863 381 18244 0 118 2911 3029 3571 3050 6621 82169 106706

THIRUVANTRUM 218781 49861 24393 318 24711 8 60 474 542 329 2457 2786 140881 158827

TRISSUR 302919 103619 42380 424 42804 7 382 6090 6479 6050 14617 20667 129350 174221

WYNAD 212966 78787 15767 247 16014 6 148 1054 1208 449 1054 1503 115454 200059

State Total 3886287 1081509 462678 25527 488205 216 6397 92764 99377 45214 82953 128167 2089029 2761094

Source: www.dacnet.com

Table 4.2 (above) gives the district wise land use figures for the entire state. It can be seen

that the land under non-agricultural uses is quite significant.

4.2.1.2 E&S Impacts of Land-use

Land use changes are manifested, generally, as change in cropping pattern, quarrying, slope

modification, soil excavation, conversion of paddy lands and swampy areas and filling of

wetlands etc. Such changes affect the environment adversely by way of intense soil erosion,

water logging, water scarcity, mono cropping and loss of biodiversity. Terrain modifications,

generally effected as a prelude to land use changes, at times, lead to catastrophic incidences

such as landslides, increased recurrence of earth tremors and land subsidence. Population

growth, migration, urbanization, industrialization and globalization are the major factors that

led to significant land use change in the State. The land use changes over the years were

instrumental in changing the landscape ecology, which had far-reaching environmental

consequences. The conservation, development and management of land resources based on

agro-ecological and social parameters are vital and it requires resource based land use

planning for agricultural and non-agricultural uses with special consideration for fragile

ecosystems such as paddy fields, high lands etc.

Mining of natural resources involves extreme disturbance to biological life systems, in general,

and violation of the rights of local communities in particular. The major mining activity in the

State is confined to the bleaching clay and china clay deposits. There are also unorganized

mining activities, especially with respect to tile and brick clay, alluvial sands, crystalline

rocks, soils etc. Many of the mineral occurrences are in very fragile physical, biological and

social environments and therefore, the pressure exerted and the impacts are high in terms of

magnitude and intensity and mostly permanent in nature. Though the Central and State

Governments have introduced various regulations to minimize the environmental repercussions

due to mining activity, there are serious shortcomings in its implementation.

134

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Soil erosion results not only in the loss of soil materials, but also in the loss of soil nutrients,

and soil bio-resources. Loss of soil causes decrease of soil volume over the bedrock that is

available for storage of water and hence will reduce effective water availability for growth of

plants as well as recharge of ground water. Soil flora and fauna that is abundant in the surface

soil and responsible for the fertility and productivity of soil, also get washed off along with top

soil. In Kerala, the soil erosion is mainly due to flowing water and is catalyzed by peculiar land

form, soil types, climate and landuse. The quantum of eroded soil or debris gets transported

over land or deposited in ponds, rivers, reservoirs and lakes or washed down to the sea. There

is continued effort on effective implementation of watershed based development programmes

with thrust on agronomic measures.

Intensive cultivation, often with incorrect crop and soil management practices, give rise to

heavy loss in soil quality. The neglect of organic or green manure application, excessive or

imbalanced application of chemical fertilizers, indiscriminate use of insecticides, fungicides,

herbicides etc gave rise to alterations in soil structure, which in turn led to changes in all

other soil quality attributes. The poor performance in industrial and municipal waste

management further aggravated the scenario. The enhanced land and water pollution has its

manifestations not only in agricultural productivity but also in increasing disease burden. The

drive for organic cultivation and effective pollution control is yet to catch up with the

necessity.

The land is mostly subjected to undesirable practices and hence subjected to serious

degradation in Kerala. In order to overcome this and to have a comprehensive action plan for

conservation and management of limited land that the State has, it is appropriate to evolve a

detailed Land Use Policy, integrated action plans and statutory regulations and appropriate

institutional mechanisms for their effective implementation. Preventive and curative measures

against pollution and contamination of soil and land may receive high priority for years to

come, and technological measures to prevent the ill effects on human health will get priority

in short term.

4.2.2 Water resources

The normal rainfall of the State is estimated to be 2903 mm, however, the spatial and

temporal distribution pattern is mainly responsible for the frequent floods and droughts in

Kerala. The average annual rainfall in the lowland of Kerala ranges from 900 mm in the south

to 3500 mm in the north. In the midland, annual rainfall ranges from 1400 mm in the south to

4000 mm in the north. In the highlands, annual rainfall varies from 2500 mm in the south to

about 6000 mm in the north. About 60 % of this rainfall is received during Southwest monsoon

period (June- August), 30 % during North- East monsoon and the remaining 10 % during the rest

of the year. There are certain pockets such as Attappady in Palakkad district where the

average annual rainfall is only 600 mm.

The seasonality in precipitation and inflow leads to considerable variation in water availability

and demand in Kerala. It is estimated that only about 15% of the surface flow is available for

135

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

six months from December to May. But the requirement of fresh water during this period is

almost about 70-75% of the annual requirement. The supply and demand situation of fresh

water from various sources annually and during summer season is given in Table 4.1 and Table

4.2.

Table 4.1. Annual and summer season water availability

No Item

Water resource potential (Mm3)

Total Utilisable annually Utilisable during

summer

1

2

3

Surface water

Groundwater

Surface storage in

reservoirs

77,900

7,900

5,500

42,700

5,135

5,500

6,405

5,135

5,500

Total 91,300 53,335 17,040

Table 4.2. Annual and summer water demand for the year 2001

No Item Water demand (Mm3)

Annual requirement Summer requirement

1

2

3

4

5

Domestic use

Birds and animals

Industry

Soil toxicity removal

Irrigation

1,226

438

6,400

5,000

13,665

809

203

3,200

3,500

13,665

Total 26,729 21,377

(Source )

The State has 44 rivers, but as per the national norms, not even a single one is major. Except

the four medium rivers, the remaining 40 rivers are minor ones and the combined discharge of

them is only about onethird of that of Godavari. Monsoon flows contribute to almost 90% of the

annual yield, leaving only about 10% during the lean flow period. The fresh water structures of

the state also include 995 tanks and ponds having more than 15000 Mm3 summer storage and

numerous perennial springs. Dug wells are the major extraction structures for the groundwater

resources with a density of over 200 wells per square km. The extraction of groundwater using

borewells in the hard rock terrain and filter-point wells and tube wells in the soft rock terrains

are also the increase.

The overall supply-demand situation indicates a deficit of about 4000 Mm3 of fresh water. The

major interventions in water resources sector, such as damming the rivers, industrial intake

and outflow, construction of deep canals, irrigation, sinking of wells and pumping, river sand

mining etc. have caused serious environmental impacts. The drought and flood situation in

Kerala is often severe. The drought in Kerala is reflected as water scarcity in summer, when

the rivers dry up and groundwater table lowers. Examination of the summer monsoon rainfall

series of Kerala for the period 1871 – 1990 indicated 20 deficient rainfall years, but the

severity of drought was reflected only since 1983. During recent drought years in Kerala, more

136

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

than 25% of the homestead open wells in the midland and highland dried up, yield of surface

water sources diminished with upstream portions of rivers dried out, rice crop, plantation and

spice crops perished and hydroelectric power production reduced, affecting more than 3

million people. Two of the major reasons for the drought are the loss of water retention

provinces such as forest regions and erosion of porous soil horizons. The flood in Kerala is

attributed to increased magnitude or intensity of rainfall and the indiscriminate reclamation of

wet lands and paddy fields. About 40% of the total area of wetlands and paddy fields in the

State (5700 km2) has already been reclaimed according to 1999 data and this turn adversely

affected the drainage courses and flood cushion, worsening the flood situation. The loss of

forest has also contributed significantly to both flood and drought alike. In the beginning of the

20th century, the state had 43% of its land area covered by thick forest which declined to about

10% badly affecting the retention and gradual release of rain water.

Irrigation

From Table 4.2, it can be seen that almost two thirds of the total water demand in the state is

for irrigation. Table 4.3 (below) gives the trends in source wise irrigated area over the years.

It can be seen from the above table that wells and other sources have a significant share in the

irrigation of the state. Also, it seems over the past few years, the irrigation scenario has

mostly remained static. A look at the crop wise irrigated area in table 4.4 (below) also

reinforces the same observation. Even in this case, except for a few crops, the irrigated area

under most other crops has mostly remained at the same level.

Table 4.3

Economic Review 2008

137

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

Groundwater

In Kerala, groundwater occurs under phreatic, semi-confined and confined conditions. The

groundwater resources are largely concentrated in the sedimentary aquifers of the coastal

regions. The groundwater resources are tapped mainly for drinking and irrigation purposes.

The ground water potential of Kerala is very low as compared to that of many other States in

the country. The state has a replenishable groundwater resource of 6841 million cubic meters.

The net groundwater availability is 6229 million cubic meters. The gross groundwater draft is

2920 million cubic meters and the net groundwater available for future use is 3221 million

cubic meters.

A district-wise analysis of ground water resources of Kerala shows that Palakkad has the higher

potential for ground water recharge (12%) followed by Thrissur (11%), Ernakulam (9%), Kannur

(8%), Kottayam (7%) and Alleppey (6.8%). Thiruvananthapuram has the lowest (4%) potential

for ground water recharge. The stage of development of groundwater is the highest in

Kasargod district (79%) and the lowest is in Wayanad (25%). The overall stage of development

in the State is 47% which is greater than the national level.

The district wise ground water balance sheet for Kerala as on 31.3.2004 is given in Table 4.5.

It shows that at a macro level, Kerala has abundant groundwater resources and adequate

potential to take care of any further development in the forthcoming decades. However, at

the micro level, there are instances where overexploitation of ground water has been noticed

and documented. This is discussed in the following paragraphs.

Table 4.4

Economic Review 2008

138

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Ground water development is calculated in percentages and blocks are categorized into four

categories. The new nomenclature for the categorization of blocks is as follows:

a) Safe (White) : The Stage of ground water development less than 70%.

b) Semi-critical (Grey):The Stage of ground water development between 70 and 90%.

c) Critical(Dark) : The stage of ground water development between 90 and 100% and

ground water levels show long term declining trends.

d) Over exploited: The stage of ground water development more than 100% and ground

water levels show declining trends during pre and post monsoon periods.

Out of 151 blocks, 5 blocks are categorized as over-exploited, 15 as critical, 30 as semi critical

and 101 as safe. The over exploited blocks, have been notified by the State Ground Water

Authority vide its Extra Ordinary Gazette Notification as ‘Notified Areas’ and they are listed

below:

Name of the Block Name of the District

Athiyannur Thiruvananthapuram

Kodungallur Thrissur

Chittoor Palakkad

Kozhikode Kozhikode

Kasaragod Kasaragod

In the Notified areas, no individual and/or agency, is expected to undertake any ground water

based activity, which will entail additional ground water draft. Institutional Credit for

financing of Drip and sprinkler sets, underground pipelines and replacement of pump sets

(without increasing the H.P) only are allowed. Any fresh ground water structures such as open

well, filter point, bore well, tube well, etc, cannot be financed. Increase in HP of the

pumpsets or the change in type of Pumpsets under the programme of replacement, deepening

of existing wells or replacement of defunct wells cannot be allowed. In case, any such activity

Table 4.5

, Economic Review 2008

139

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

is proposed, the necessary written permission from the State Ground water Authority is

required.

Groundwater Quality

Groundwater quality is also a very important parameter from the environmental and health

points of view. The state of Kerala has some patches wherein quality of groundwater is of

concern. These are compiled in Table 4.6 below:

Table 4.6: Blocks in Kerala having groundwater quality issues

Parameter Blocks

Salinity: EC>3000

µS/cm

Palakkad

Floride>1.5

mg/litre

Palakkad

Iron> 1 mg/litre Alappuzha, Ernakulam, Idukki, Kannur, Kasaragod, Kollam,

Kottayam, Kozhikode, Malappuram, Palakkad, Pathanamthitta,

Thiruvananthapuram, Thrissur, Wayanad

Nitrate>45

mg/litre

Alappuzha, Idukki, Kollam, Kottayam, Kozhikode, Malappuram,

Palakkad, Pathanamthitta, Thiruvananthapuram, Thrissur,

Wayanad

Source: CGWB 2010

Drinking water

Drinking water systems in Kerala can be broadly classified into two categories:

a) Schemes owned and operated by the state government through the Kerala Water

Authority and local governments and

b) Family managed drinking water supply wherein individual families create their own

drinking water sources by constructing wells on their own premises and managing the

water supply by themselves. Family managed drinking water supply systems in Kerala

play a substantial role in the water supply scenario especially in rural areas.

The provision of piped water supply in rural areas is the responsibility of the State Government

and funds have been provided in the state budgets right from the commencement of first Five

Year Plan. The National Water Supply and Sanitation programme was introduced in the social

welfare sector in 1954. The states gradually built up the Public Health Engineering

Departments to address the problems of water Supply and sanitation. In 1972 - 73, the

Government of India introduced Accelerated Rural Water Supply Programme to assist the

states and Union Territories with 100 percent grants in aid to implement schemes in problem

villages. Under this programme more than 450-piped rural systems were launched in Kerala.

During 1980s, as part of the National Drinking Water supply and Sanitation Decade Programme,

several projects were implemented with financial support of bilateral and multilateral

agencies.

, Economic Review 2008

140

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Over the years, the organizational set up for the implementation and management of water

supply schemes had undergone several changes. The Kerala Water Authority (KWA) came into

existence on 1st April 1984 in the place of the erstwhile Public Health Engineering Department

of the Government of Kerala. KWA is one of the main agencies responsible for the design,

construction, operation and maintenance of water supply and sewerage schemes in the whole

state. KWA has been implementing piped water supply schemes based on surface and

groundwater sources. It also executes multilateral and bilateral funded projects and

accelerated rural water supply schemes on behalf of the Government of India.

Presently, the major implementing agencies of drinking water supply schemes in the State are

Kerala Water Authority (KWA), Kerala Rural Water Supply and Sanitation Agency (KRWSA) and

Local Self Government Institutions (LSGIs). KRWSA and LSGIs are ensuring community

participation in the implementation of water supply schemes by sharing the financial costs and

taking responsibility for management, operation and maintenance to some extent.

In Kerala, 71.77 per cent of the total population has access to drinking water as at the end of

March 2009. 69.35 per cent of the total population covered is from rural areas. Total number

of rural people having access to drinking water is 158.47 lakh, which constitutes 67.77 per cent

of the total rural population.

The increase in the number of citizens covered by water supply schemes during 2008-09 is

226240. Of this increase, 215868 are in the rural area and 10372 are in the urban area. During

2008-09, Ernakulam District had the highest rural water supply coverage (97.83%) and

Kozhikkode District had the lowest coverage (38.69%). In the case of total population covered,

Ernakulam District had the highest coverage (96.19%) and Kozhikkode District had the lowest

coverage (52.75%) of water supply in Kerala during 2008-09. District wise details of various

schemes in the state Table 4.7.

141

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

E&S impacts connected with water resources

The major environment problems associated with water resources are flood, drought, land

slides, salinity intrusion, water logging and pollution. The hydrologic modification of welands

and over exploitation of groundwater also pose challenges in many parts of the state. The

major water quality problem associated with rivers and open wells is bacteriological pollution.

The dumping of solid waste, bathing and discharge of effluents also create problems. Low pH,

high iron etc., are common in well waters in the laterite covered midland areas. High

concentrations of fluoride over the permissible levels have been reported from certain parts of

Palakkad and Alleppey districts.

When the fresh water flow reduces during the summer, the flushing of the river system

weakens and salinity propagates more into the river interiors. It causes severe problems to

irrigation, drinking, and industrial water supply. It has been reported that saline water

intrusion in River Chaliyar during summer extends up to 24 km from the river mouth during

summer. More number of rivers is now subjected to saline intrusion during summer months.

The saline water intrusion into coastal groundwater aquifers is also a major problem, as about

Table 4.7

(Economic Review 2008)

142

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

70% of the population there depends on well water. The localised saline water intrusion also

occurs as a result of excessive pumping from wells.

A number of industries situated on the banks of rivers and backwaters empty their effluents

into the water bodies. As a result, several estuarine and river systems in Kerala are now

hotspots of heavy metal pollution. For example, the effluent discharge from ten major

industries to Kochi estuary is about 57000 m3 per day. The quantum of pollution caused by the

discharge of untreated sewage into wetland system is also alarming. A major source of

pollution of Vembanad Lake is the domestic sewage generated in the urban areas of Alappuzha

and Kochi. About 10,000 people are added every year to the urban population of the city of

Kochi alone. Kochi city generates about 2550 million litres per day of wastewater that enters

the lake directly through major canals. The pollution load of Kochi Corporation is reported to

be 1,96,000 kg/day of BOD. The total dissolved solid content near a sewage discharge site in

Kochi estuary was as high as 54000 mg/l. It has been reported that the Vembanad estuary

annually receives residues of about 25000 tones of fertilizers and 500 tones of highly toxic

pesticides from Kuttanad region alone (Anon, 1989). The presence of DDT in Pampa river (4000

ng/l), lindane in Thanneermukkam (6000 ng/l) and endosulphan in Vembanad lake (122 ng/l)

and Manimala river (1114 ng/l) are also of serious concern. High content of particulate and

dissolved mercury concentrations, presence of lead, cadmium, zinc etc are reported from

water and sediment samples of Kochi and Veli.

Coconut husk retting is considered an important source of organic pollution in the water bodies

of Kerala. As a result of retting, large quantities of organic substances like pectin, petosan,

fat and tannin are librated into the water by the activity of bacteria and fungi. Decomposition

of pectin results in the production of sulphides, characterized by hydrogen sulphide with

strong foul smell. The polyphenols released from coconut husk during the process of retting

interferes with microbial activity. Anoxic conditions, excess hydrogen sulphide and increased

turbidity drastically reduce the primary productivity of the lake. Investigations of the retting

zones show high organic content, high BOD (513.7 mg/l), low oxygen values (0.05ml/l) and

high sulphides (4.97 mg/l)m which converts productive portion of the lakes to non-productive

anoxic areas leading to devastation of bottom fauna. The retting yards also act as breeding

grounds for the mosquitoes, which act as a vector for filariasis.

When excess nutrients are available in water bodies through various sources and due to over

fertilization, exorbitant growth of aquatic plants takes place, which the system is not in a

position to support. Thus, it exceeds the supporting capacity of the environment and

consequently, problems of various types will creep in. Dead plants settle down and lead to

siltation and shallowing of the water body. For the bacterial decomposition of plant debris,

oxygen will be extracted from the medium resulting in depletion of oxygen in the system. Many

of the lake systems of Kerala are facing intense weed growth resulting out of high degree of

eutrophication, leading to slow death of such water bodies. .

The groundwater gets contaminated by overflow/seepage of sewage/infiltration of human

excreta from latrine pits, especially in coastal plains where the density of wells and toilet pits

143

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

are very high and located close to each other. The number of dug wells in the State is

projected to be about 40,00,000 and about 95% of the 6.59 million households have toilets.

The possibility of cross contamination of wells from the toilet pits is very high. It is found that

inconsiderate pumping from dug wells depletes the groundwater level and yield leading to

drying up of the wells over the years. It is more pronounced in lateritic terrain covering over

60% of the total land area of the state. The wells located on the banks of rivers subjected

indiscriminate sand mining or deep cut irrigation canals are also subjected to such adverse

effects.

The high rate of soil erosion, debris flows and sedimentation in water bodies is a major

problem especially for tanks and reservoirs. The storage loss of reservoirs in Kerala, on an

annual basis, varies from 0.25% to 1.32%. Though this is lower compared to the major dams in

India (0.14% to 1.79%) and China (0.55% to 3.82%), it is a major concern considering the natural

vegetation in catchments. Indiscriminate mining of river sand has led to severe degradation of

the riverine ecosystem of almost all rivers of Kerala. It was indicated that about 20,000 lorry

loads of river sand was being mined per day from all rivers of Kerala. It is reported that the

extraction rate of river sand from the seven rivers debouching into the Vembanad lake is about

6 Mm3 against a replenishment rate of 0.09 Mm3 per year. Over exploitation of river sand

depletes the porous sand layer by 5 to 15 cm per year. Consequently, most of the rivers got

deepened by about 2 to 3 m over the last 15 to 20 years.

A unit land of Kerala receives about 2.5 times more rainfall compared to the national average,

but the same unit of land supports 3.6 times more population, on an average. Therefore, for

self-sufficiency, a unit land of Kerala has to produce 3.6 times more food, water and biomass

compared to the national average. It calls for intensive efforts for the conservation of land and

water on the basis of watersheds as vegetation has a major role in controlling floods and

sediment yield from the catchments and mitigating drought by maintaining soil moisture and

groundwater level.

4.2.3 Forest and Natural Habitats

The forest cover of Kerala, as per Forest Survey of India (2009) data is 44.58% of the total

geographical area which is categorized under very dense (8%), moderately dense (55%) and

open forest (37%). But as per the land use data of the state, only about 22% of the land is

under forest and forest plantation. Some 23% of the total forest area falls in Idukki district. But

the relative forest coverage is maximum in Wayanad (83%) and minimum in Alappuzha (2.7%).

The major forest types and their extent are Tropical wet evergreen (26%), Semi-evergreen

(23%), Tropical moist deciduous (18%), Tropical dry deciduous (2.4%), Mountain subtropical

temporate shoal (0.5%), Grasslands (0.1%) and plantations (30%). In addition, the coastal

stretch has mangrove forest area of about 420 ha. In general, 62% of the forests in the state is

under degraded condition (SoE Report-2005). The degradation of natural forests is due to

factors such as unregulated/ illegal harvest, forest fire, weeds, diversion for non-forest

purposes, soil erosion, harmful effects of management and poor regeneration. In addition, the

loss in continuity of forest patches, patch size and their crown density also causes degradation.

The major forest produce in the state include timber, reeds, bamboo, sandal wood and fire

144

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

wood. The quantity of timber production in 2008-09 was 50300.79 cum (round log). The

number of bamboos and reeds produced were 18.98 lakh and 186.80 lakh respectively. The

sandal wood production was 30808.6 kg.

Figure 4.4 shows the various kinds of forest cover present in Kerala:

Figure 4.4

It is evident from the figure that most of the forest in Kerala is open forest or moderately

dense forest. Coverage under dense forest is very low at around less than 4%. The district wise

forest cover for Kerala is given in Table 4.8

Source: State of Forests Report 2007

145

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

There are 16 wild life sanctuaries, 5 National parks, one community Reserve, four elephant

reserves and two biosphere reserves in the State. The total area under the protected area

network comes to about 24 % of the total forest area of the State. It is higher than the national

average. The Periyar Tiger Reserve in Kerala is one of the best managed tiger reserve in the

country, with the forest dwellers on its fringes actively assisting the official machinery in the

conservation efforts. The state has also taken various initiatives in the recent past such as

declaration of a buffer zone of area 148 km2 around the Silent Valley National Park, adding 148

km2 of reserve forest from Ranni Forest Division to Periyar Tiger Reserve as critical tiger

habitat, declaring Parambikulam Wild Life Sanctuary as a Tiger Reserve, notifying an area of

110 km2 area in Kozhikode District as Malabar Sanctuary and declaring a special sanctuary for

national bird, peacock at Choolannur in Thrissur district. In addition, an area of 150 ha at

Kadalundi in Kozhikkode district was declared as community reserve for supporting mangroves.

There has been large-scale deforestation and conversion of forest area in certain regions. The

topographical maps available since 1900 and LANDSAT images (1973 and 1983) indicate a

substantial decline in forest vegetation cover over the years (Chattopadhyay, 1985). In 1905,

the forest vegetation was 44.4% of the total area which declined to 27.7% by 1965, to 17.1% by

1973, and to 14.7% by 1983. However, the actual forest area that sustains forest biodiversity

and functions of forest ecosystem is only less than 8% of the total area (Satishchandran, 2002).

A comprehensive state forest policy to address the specific problems and issues related to the

conservation of forests and biodiversity of the state as well as the livelihood needs of the

forest development communities has been formulated during 2007. The Forest Management

Policy of the state encompasses technology improvement, bio-diversity conservation and

development of partnership with the forest dependent communities and fringe dwellers.

Special thrust is also given for protecting species of plants and animals.

4.8

146

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Figure 4.25

10

15

20

25

Share of Agriculture & allied

sector in GSDP (%)

The Westem Ghat region is one of the 25 biodiversity hotspots in the whole world.The state

contains more than 4500 species of flowering plants of which 1500 taxa are endemic in nature.

There is also rich faunal wealth in the state. The wealth of genetic diversity of the state in the

form of domesticated crops or breeds of animals together with their wild relatives is not fully

documented. But it is considered to be very rich as more than 74% of the land area is under

various crops protected under distinct micro-watershed boundaries. However, they are under

severe stress due to the degradation of native agri-ecosystems, large conversion of agricultural

land, introduction of exotic crops, mechanised farming etc causing major loss of indigenous

agriculture and domesticated biodiversity. There are 102 species of mammals, 476 species of

birds, 169 species of reptiles, 89 species of amphibians and 202 species of fresh water fishes,

reported from Kerala. Among the mammals, 12 taxa are endemic to western ghats of which 6

are vulnerable, 3 are endangered and 1 is critically endangered. A unique and huge diversity of

bird fauna is also found in the state. Nearly, 25% of the Indian avifauna is recorded from the

state, of which nearly 150 species are located in the coastal stretches. The avifauna of the

state includes resident species (228 nos), winter visitors (94 nos), resident and local migrants

(14 nos), accidental and exceptional stragglers (4 nos) and uncertain identifications (136 nos).

Of the known species of birds in Kerala, 18 are endemic to the Western Ghats. Of the 169

reptile species of Kerala, 59 are endmic to western ghats and 9 are endemic to Kerala. Among

these, 26 species are vulnerable, 22 are endangered, 1 is critically endangered and one is

extinct (saltwater crocodile). Among the 89 species of amphibians reported from Kerala, 57

are endemic to the western ghats and 9 to Kerala. Among these, 35 are under vulnerable

category and 11 are endangered. Out of the 202 species of fresh water fishes recorded from

Kerala, 79 are endemic to western ghats and 42 are restricted to Kerala waters. Among these,

24 species are threatened and 10 are most threatened. It is also important to note that among

the 42 endemic species of Kerala, 13 are reported to be critically endangered. There are

roughly 6000 species of insects of which 20% is endemic to the state. The coastal waters of

Kerala is also characterized by rich marine faunal diversity. The high density of population

with limited natural resources excerts significant pressure on the environment of the State.

When it is combined with the numerous pockets of ecologically fragile areas and biodiversity

hot spots, it assumes greater significance.

4.2.4. Agriculture

The climate and topography in Kerala is conducive to varying crop types, such as, coconut and

rice in the sultry lowlands, rice, tapioca, banana, arecanut, coconut, pepper, cashew and

rubber in hot humid midlands and tea, coffee and cardamom in the cool subtropic highlands.

Agriculture is practiced in over 55% of the geographical area. The micro ecosystems are such

that the valleys with near waterlogged conditions for most part of the year are seen

juxtaposed with dry hilltops decked with

densely canopied trees.

The agricultural income in Kerala during 2007-

08 indicated a decline of 5.70 per cent in

growth. The share of agriculture and allied

147

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

sectors in GSDP indicated a continuous decline in the state (see Figure 4.2). The share was only

11.90 per cent during 2008-09. Kerala has a diverse land use and cropping pattern. The land

reforms introduced in the State brought in radical and comprehensive institutional changes

leading to drastic transformation in the land holding pattern. This has resulted in shift in the

land use pattern.

Considering the characteristics of soil, drainage/wetness, erosion, runoff etc., Kerala has 18

land capability subclass associations of five broad land capability classes, namely Good

cultivable land, Moderately good cultivable land, Fairly good cultivable lands, Well suited for

forestry or grazing and Land suited only for wildlife and recreation (KSLUB, 1995 and 2002).

Only about 37% of the area of Kerala is suitable for irrigation with certain limitations.

There has been significant change in land use over the years. The State conceived and

implemented a progressive Land Reforms Act with an objective of sustainable use of all

productive land through the involvement of the entire population by distributing land to the

landless. Over the last two decades, there is a decline in agricultural land use. Land use

changes are manifested, generally, as change in cropping pattern. The changes in crop area

and production of some of the important crops grown in Kerala are shown in Table 4.9.

Out of a gross cropped area of 27.02 lakh ha. in 2008-09, food crops comprising rice, pulses,

minor millets and tapioca occupy only 12.05 per cent. Kerala state which had a low base in

food production is facing serious challenges in retaining even this meager area. Kerala

agricultural economy is undergoing structural transformation from the mid seventies by

switching over a large proportion of its traditional crop area which was devoted to subsistence

crops like rice and tapioca to more remunerative crops like coconut and rubber. The area

under rice has been declining consistently over the last several years, but the pattern appears

to be reversing (see tables 4.9 and 4.10). The area under commercial plantation crops in

general and rubber in particular has increased considerably during the last two decades (see

table 4.11). The index of food grain production declined by 10.7 points and non-food grains

declined by 6.84 points. Even though there was a decline of index of non-food grain area,

index of area under plantation crops increased by 1.83 points in 2008-09.

Table 4.9. Changes in crop area and production, Kerala, 1961-62 & 2008-09

Sl

No

Crop Area (ha) Production (Tonnes)

1961-62 2005-06 %

variation

1961-62 2005-06 % variation

1 Rice 7,53,009 2,34,265 -69 9,88,150 5,90,241 -40

2 Tapioca 2,36,776 87,278 -63 16,18,713 27,10,934 67

148

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

3 Coconut 5,05,035 7,80,500 55 3,247mn 5,763mn 77

4 Pepper 99,887 1,75,808 76 26,550 40,641 53

5 Cashew 55,051 52,875 -4 84,449 42,274 -50

6 Rubber 1,33,133 5,17,475 289 24,589 7,83,485 3086

7 Pulses 43,546 3,943 -91 16,889 2,982 -82

8 Ginger 12,050 5,578 -54 11,185 23,380 109

9 Turmeric 4,847 2,754 -43 4,267 6,292 47

10 Banana 42,693 53,516 25 55,443 4,27,604 671

11 Coffee 18,807 84,696 350 8,145 57,200 602

12 Tea 37,426 36,557 -2 37,428 51,726 38

(Source : Dept. of Economics and Statistics, 2007; State Planning Board, 2010)

Table 4.10

149

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

Several initiatives have been taken by the Government in recent years for promotion of

cultivation, in general, and rice, in particular linking the agriculture department, local

governments and Kudumbasree units of the State Poverty Eradication Mission. It includes

Padasekharam based action plans linking credit facility, input support, water management,

insurance, procurement and supplementary income sources. ‘Harithashree’, the lease land

farming promoted by the State Poverty Eradication Mission, Kerala, through ‘Kudumbasree’,

has helped women farmers to stay on in agriculture for their livelihood. The major crop

cultivated by the Kudumbashree group is Paddy (29% of area) followed by Plantain (25% of

area), vegetables (15% of area) and Tapioca (15% of area) during 2008-09 under the lease land

farming. A total area of 27,269 Ha have been brought under lease land farming as per the data

available for 2008-09. The State has also developed a strong network for supplies and services

which include Krishi Bhavans in all the Grama panchayats for transfer of technology and

organising agricultural services. Planting material delivery system has been developed which

includes 33 state seed farms, 10 district farms, 10 special farms and 8 coconut nurseries. The

paddy seed farms and the District Agricultural Farms are under the control of the District

Panchayats for facilitating appropriate seed planning at the grass root level. There has also

been increased effort for promoting organic agriculture including preparation of an organic

agriculture policy. This will improve the production of organic tea, rice, vegetables, pepper

etc which are done in a small scale at present.

4.2.5 Animal husbandry

Livestock sector in Kerala is extremely livelihood intensive and a major contributor to the

agricultural GSDP of Kerala to the tune of 40%. Cattle population in Kerala which was 33.96

Table 4.11

150

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

lakh in 1996, 21.22 lakh in 2003 (see Table 4.12) and 17.19 lakh in 2006. The crossbred cattle

population was 67% during 1996, 82% in 2003 and 93% in 2006 of the total cattle population.

Contribution of Kerala to national milk production was 2.4 percent during 2003-04 declined to

2.1 per cent in 2008-09. The gap between the production and requirement of egg is also

increasing at an alarming rate. Concerted efforts of the State to increase the egg production

have begun to show signs of improvement. Egg production which was 1199 M.Nos in 2007

increased to 1379 M.Nos in 2008 and to 1507 M.Nos. in 2009; an increase of 26 percent over

2007. Though meat production is increasing over the years, it cannot cater to the demand

fully.

In Kerala there are 3445 dairy co-operatives including 2646 Anand pattern societies. The newly

registered Societies during 2008-09 is 122. Of the 22 dairies functioning in the State 12 are in

the Co-operative Sector (Milma) and handles 9.90 lakh litres of milk/day, 14 chilling plants,

two cattle feed plants, a milk powder plant, an established training centre and 5000

distribution outlets. MILMA represents more than 8.11 lakh dairy farmers who have organised

2646 Anand Pattern Cooperative Societies. The remaining 10 are run by private/charitable

societies which handle 64000MT milk per annum. There are also about 25 small dairies which

are not registered and they handle 10000 litres of milk/day.

The per capita availability of egg is very low at 41 eggs/year and poultry meat is 0.9 kg/year

against the world average of 147 eggs and 11 kg poultry meat/year in the country. Government

of India has set a target for achieving production of over 52 billion eggs by 2011-12, at a

growth rate of 4.3 per cent. The poultry rearing on commercial lines is largely confined to

broiler production. In Kerala, the egg production which reached 2054 million in 1999-2000

continuously declined till 2005-06, but began to increase in 2006-07 and that trend is

maintained in succeeding years. Backyard poultry system has good potential in the state.

Around 8-10 lakh chicks are being introduced every year in the state.

India is endowed with more than 11 per cent of worlds’ livestock population comprising a

variety of meat animals such as buffaloes, goat, sheep, pigs, cattle and poultry. The per capita

animal protein availability is about 10g against world average of 25g. The minimum

Table 4.12

151

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

requirement targeted is 20g per capita/day of animal protein of which 4g will come from

meat. The estimated demand for meat would be 7.7 million tonnes against the present

production of 5.7 million tonnes. Meat production in Kerala comprises of beef, mutton, pork

and broiler chicken. Out of this, beef is almost entirely from the culled animals brought from

the neighbouring states. The rearing of goat and pig is concentrated in selected pockets. As in

the case of poultry, meat production under stall-fed condition in general is not economical in

Kerala. However, there is scope for fostering this activity in selected areas largely by utilising

the bio wastes available. The annual production of poultry meat shows a continuous decline

from 32704 tonne (2004-05) to 19268 tonne (2008-09) whereas the non-poultry meat shows an

increase from 162567 tonne (2004-05) to 181103 tonne (2008-09).

There is no authentic data regarding the number of cattle and poultry slaughtered in the State

and hence the total value and quantity of meat produced in the state not accessible. As per

survey conducted by the Dept. of Economics and Statistics in 2006, there are 4904 slaughter

houses in Kerala of which the authorised slaughter houses were only 1490 (30.38%. Also of the

total 6489 poultry stalls registered were only 2124 (32%). A wide gap is existing between the

requirement and production of animal products. A comprehensive strategy needs to be put in

place to augment production of major livestock products in the state.

In order to reduce morbidity and mortality, better health care efforts are being taken through

a network for veterinary health care now in the State comprising 210 Veterinary hospitals, 883

veterinary dispensaries, 47 veterinary poly clinics, 14 District Veterinary Centres, 9 mobile

hospitals/dispensaries at district level, 13 district level clinical labs, four diagnostic labs and

other related health care institutions. The state is implementing programme for Foot and

Mouth disease control. Brucellosis, Helminthiasis, worms and other internal parasites are also

threat to the livestock wealth of the State. The reports of minor attacks of major diseases like

Anthrax, and Hemorrhagic Septicemia are also reported. The State has eradicated the dreadful

disease of Rinderpest and no outbreak was reported after 1994. Among the other diseases the

major one affecting cattle, buffaloe, goat, pig and poultry are digestive system disorders (34%

of the total cases), parasitism (40%), reproductory disorders (5%) etc. According to report on

Animal Disease Surveillance Scheme, 2006 the economic loss due to various diseases arrived at

Rs.620.94 Cr. i.e., 23% of total worth of Livestock population in State. Of the total loss, 66% is

for cattle.

4.2.6 Fisheries

India has been a major contributor to the world marine fish production and second largest

producer of inland fish. The west coast was the highest contributor among regions and Kerala

among states (21%) followed by Gujarat (19%). Presently, fisheries and aquaculture contribute

1.07% to the national GDP and 5.3% to agriculture and allied activities. Fisheries sector

contribute 3% of the economy of Kerala State. The fishing Industry occupies an important

position in the economy of Kerala and its share in the national marine fish production is about

20-25%. The water resources of this state comprise of a coastline of 590 km length having a

continental shelf area of the sea adjoining the state. The Inland water bodies of Kerala

comprising of 44 rivers (85000 ha) 53 reservoirs (44289 ha) and 53 back waters and other

152

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

brakish water bodies (65213 ha) also play a major role in the fishery sector. The polders of

Kuttanadu having a water spread of 35000 ha and 17000 ha of kole lands of Thrissur are also

very ideal for various aquaculture development activities. The estimated fisher folk population

of Kerala during 2008-09 is about 11.33 lakh, of which 77% dwells in the coastal area and the

rest in the inland sector.

Kerala is a coastal state and is bordered on the West by the marine flora and fauna rich

Arabian sea. The Kerala Marine Fisheries Regulation Act was enacted with a view to enforce

strict regulatory measures following the induction of more number of crafts and consequent

increase in the level of unrestricted fishing. According to this Act, the inshore area coming

within the depth range of 50 meters has been demarcated for fishing by the traditional

fishermen using country crafts and the area beyond the limit in the economic zones can be

utilised by motorized boats and large vessels. As this restriction is not being strictly followed,

monsoon trawling has been banned as a preventive measure. The ban on monsoon trawling has

been in force from 1980 onwards.

Marine fish landing in the state during 2008-09 was 5.83 lakh tonnes and showed an increase of

8% over the previous year. The maximum sustainable yield was estimated about 6.99 lakh

tonnes. The fish catches from the Kerala coast include more than 300 different species, the

commercially important number is about 40 only. The high value species among the fish

catches are still few; prominent among them are Seer fish, Prawn, Ribbon fish and Mackerel.

High value fish like coastal tuna and oceanic tuna registered a growth of 23% and 39%

respectively. During 2008-09 the catch of Ribbon fish was 16118 metric tonnes and penaeid

prawn was 49351 metric tonnes. The quality of these high value species in the total catch

ultimately decides the income of the fishermen. Oil sardine accounted for the major share of

landings (71%), heavy landing of juvenile oil sardine in ring seine was also recorded. The catch

of Oil sardine was 156511 MT during 2008-09, the most important variety consumed mainly by

the poorer sections of the society exceeded the potential in recent years. The marine fishery

resources of the state have almost attained the optimum level of production. The inland fish

production reached peak share of 13% of the total fish production of the state during 2000-01

and thereafter declined slightly. During 2008-09, the share of inland fish production to the

total fish production of the state was 12.59%. The current level of Inland fish production is

about 0.83 lakh tonnes/year

District wise data for marine fish landings in Kerala for the year 1998 are given in Table 4.13.

More recent but aggregated data for the whole state for marine fish ladings as well as inland

fish landings is provided subsequently in Tables 4.14 and 4.15.

153

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

Table 4.13

154

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Table 4.14 Species wise composition of Marine fish landings in Kerala (2004-2005 to 2006-2007) (Tonnes)

Source: Directorate of Fisheries

Table 4.15 Species-wise Inland Fish Production in Kerala (2003-04 to 2006-07)

Sl.No Species 2003-04 2004-05 2005-06 2006-07 Production % Production % Production % Production % 1 Prawns 16,136 21 16,334 21 14,812 19 16,226 20 2 Etroplus 4,510 6 4,458 6 4,626 6 4,452 6 3 Murrels 3,657 5 4,133 5 4,287 6 4,081 5 4 Tilapia 7,739 10 7,490 10 7,965 10 7,555 10 5 Catfish 4,359 6 4,740 6 4,922 6 4,484 6 6 Jew Fish 2,795 4 2,765 4 2,871 4 2,745 3 7 Others 37,083 48 36,531 48 38,497 49 39,564 50 Total 76,279 100 76,451 100 77,980 100 79,110 100 Source: Directorate of Fisheries

Sl.No Species 2004-05 2005-06 2006-07 1 Elasmobranchs 3,044 3,159 3,074 2 Eels 148 168 3 Cat Fish 154 168 4 Chirocenrtrus 258 265 5. a Oil Sardine 1,72,754 1,49,949 b Lesser Sardine 98,303 65,268 2,14,773 c Amchorilla 35,312 30,167 33,853 d Trissocles 2,308 3,175 e Other Clupeids 12,791 15,533 6 Saurida&Saurus 5,916 5,551 6,158 7 Hemirhamphus&Belone 642 691 8 Perches 30,437 30,400 32,971 9 Red Mullets 1,616 1,676 10 Polynrmides 21 67 11 Sciaenides 8,992 9,887 8,232 13 a Caranx 25,419 26,987 25,258 b Chornemus 1,049 985 c Othetr Carangids 24,171 20,766 14 Leiognathus 5,136 5,306 15 Lactrious 3,907 3,525 16 Pomfrets 1,393 1,501 17 Mackerel 43,017 44,202 45,904 18 Seerfish 2,371 2,475 2,648 19 Tunnies 11,208 11,923 12,248 20 Sphyraena 1,582 2,094 21 Mugil 29 42 22 Soles 8,061 13,951 23 a Penaeid Prawn 53,402 48,006 b Non Penaeid Prawn 3,315 1,738 56,779 c Lobsters 0 398 d Crabs 3,418 4,515 e Stomatopods 332 9,547 24 Cephalapoods 15,939 14,203 25 Miscellanious 6,761 14,948 100,988 TOTAL 6,01,863 5,58,913 5,61,028

155

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

The Tsunami of 2004 caused extensive damage in Southern regions of India affecting a total of

2260 km of coastline. In Kerala, Fisherfolk were affected along 250 km of coastline. The

disaster had damaged the infrastructure, assets, outputs, and services and disrupted the

economic activity in the coast of Kerala. In order to rehabilitate and reconstruct public and

community based infrastructure and restore the livelihood of the affected population

Government of Kerala with the support of Government of India have formulated Tsunami

Emergency Assistance Project (TEAP) and Tsunami Rehabilitation Programme (TRP). The

livelihood programme has contributed a lot in the social empowerment to the coastal people

especially the fisherwomen of coastal Kerala and this will remain as a strong basement blocks

by a sustainable livelihood development programme for the coastal Kerala.

There are 9 completed fishing harbours in the state and the works of other 10 harbours are

progressing. The completed fishing harbours are Thangassery, Neendakara, Kayamkulam,

Munambam, Beypore, Puthiyappa, Chombal, Moplabay, Azheekal. There are 38 fish landing

centres in the coastal zone of Kerala. Out of this 15 landing centres are for traditional

fisheries.

4.2.9 Sanitation & Waste management

Kerala raised to the need of community sanitation efforts through its basic strength of social

capital. Kerala achieved the distinction of being the first State to fully do away with the

dehumanizing practice of scavenging as a culmination of people’s movement for basic human

dignity. The history of sanitation in Kerala stride out from 1920 when the Maharaja of

Travancore initiated a move for sanitation with simple squat pits without running water in

selected pockets of his kingdom. From the late 50’s, Kerala led the nation in the provision of

household toilets through the Environmental Sanitation Programme (ESP). In the initial days,

through successful campaign, single leach pit latrines with water seal bowls known as ESP

latrines were constructed on an extensive scale. Later under the Central Rural Sanitation

Programme launched in 1986 and People’s Plan launched in 1996, the coverage increased

manifold reaching 96% as per the latest estimate (NFHS- 3rd round: 2005), the highest in the

country and far above the national average of 44.5%. It is also significant to note that the

coverage is more or less same in urban areas (98.3%) and rural areas (94.9%), showing the

equitable spread. Correspondingly, there has been substantial improvement in personal

cleanliness, home sanitation, food hygiene, safety of drinking water, solid and liquid waste

management and overall environmental scenario. Thus, 869 out of the 999 Village Panchayats

in the State have won the prestigious national award of Nirmal Grama Puraskar. It highlights

the fact that at least 87% of the province is free from open defecation, the schools and

balwadis are provided with toilet facilities and an overall cleanliness prevail in the area.

Historically, Kerala has been ahead of others in providing toilet facilities to schools and

balwadis. The state is also the acknowledged leader in the country in reduction of water borne

diseases and sanitation-related vector-borne diseases like malaria and filaria. These successes

have contributed to the high human development of the State. Though the rich natural

resource diversity and natural resources have contributed to the achievement, the dynamism

has been achieved mainly through the literacy, public action, responsive state Government and

156

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

vibrant Local Governments. In general, the population has a natural instinct for maintaining

cleanliness. The homestead habitation practice, rich vegetation surrounding the residences,

secured drinking water and sanitation facilities, etc can be seen as reflections of societal

instinct for cleanliness in Kerala. During the 80s and beginning of 90s, Kerala experienced very

massive campaigns for total literacy. This has opened up various avenues of learning and

inspired self-confidence and wisdom and lead to intensive interventions in sectors like

sanitation by pooling resources. The initial phase of decentralization, especially the

coordinating efforts of District Panchayats, enabled significant progress. Since then, sanitation

has been a priority sector for local governments. Thus, by the time the Total Sanitation

Campaign (TSC) was launched in the country, the state had precise target, strategy and

approach in the sector. Towards the nineties, the issue of solid waste has come up appreciably

in the major urban centres of the State. Some of the cities like Thiruvananthapuram and

Kozhikkode initiated action for collection and disposal of wayside accumulation of solid

wastes. By the end of the decade, both these cities initiated actions for establishing

composting plants as a strategy for managing biodegradable municipal wastes.

In order to push sanitation as an important agenda in the development discourse of the State,

sustained local action through the local governments involving citizens, elected leaders,

officials, professionals, activists and students was the strategy adopted. In order to implement

the strategy, a mission approach was adopted in the beginning of 2000. Accordingly, the Kerala

Total Sanitation and Health Mission was formed to focus on rural areas and Clean Kerala

Mission was formed to attend the solid waste management requirements. These missions were

essentially conceived as enablers to the local governments especially for providing technical

and monitoring support. As a result, there has been significant coverage in various sanitation

components. The temporal progress in toilet coverage since 1991 is given in Table 4.16. Similar

progress has also been achieved in providing toilet facilities in Schools and Balwadis (Table

4.17). The implementation of TSC since 2001 has further improved the coverage. The target

and achievement of various components envisaged in TSC is given in Table 4.18.

Table 4.16. Household latrine coverage: Access to Sanitation facilities

Time Line 1991(1) 1995(2) 2001(3) 2005(4)

Rural households with toilet (%) 44 73.4 81.3 94.9

Urban households with toilets (%) 73 90.0 92.0 98.3

Source – (1) Census of India, 1991, (2) NSSO 1995 (3) Census of India 2001 (4) NFHS 3rd round - 2005

Table 4.17. School toilet coverage (2005)

Item LP UP HS Total

Number of Govt. schools 2565 960 986 4511

Number of schools having toilets 1785 759 790 3334

Percentage of schools having toilets 69.59 79.06 80.12 73.90

Table 4.18. Progress of TSC- Target and Achievement (2010)

157

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

No Components Target Achievement Percentage

1 Individual House Hold Latrines 1073742 1098320 100

2 School Toilets 3600 3570 99

3 Anganwadi Toilets 4957 4464 90

4 Community Sanitary Complex 1090 872 80

In the coastal areas, particularly, it is estimated that about one million m3 sewage is generated

per day and about 30000 m3 of this reaches the surface water bodies in the coastal areas in the

State. This quantity of sewage contributes about 7000 kg of BOD load into the coastal water

bodies (KSPCB, 2002). This estimate by the Kerala State Pollution Control Board is based on

1991 census updated to 2002 using the average decennial population growth rate of 10 %. On

an average, 33% of the households in the coastal area are without any sanitary facilities and it

is estimated that 10% of the sewage generation from those reaches the coastal water bodies

(KSPCB, 2002). District wise data on sewage generation in the coastal areas of Kerala are given

in Table 4.19.

The Municipal Solid Waste (MSW) management got a fillip in the state through the setting up of

Clean Kerala Mission in 2003. This was to enable, primarily the Urban Local Governments

(ULGs) and secondarily the rural local governments (RLGs), to tackle the increasing solid waste

9

158

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

accumulation in compliance to the Municipal Solid Waste (Management & Handling) Rules, 2000

as well as the provisions in Municipal and Panchayati Raj Acts. Consequently, appreciable

progress was achieved in the MSW management sector (Table 4.8). There are also certain best

practices developed in the sector.

Table 4.18 Progress in municipal solid waste management sector

No Item Total %

1 No of ULGs having land for MSW management 55 95

2 No. of ULGs with MSW management system in place 38 66

3 No. of ULGs where MSW management system is being developed 20 34

4 No. of RLGs with MSW management system 103 10

5 No. of RLGs where MSW management system is being developed 125 13

Though the state could address effectively the first generation issues with respect to human

excreta disposal, there are serious second generation issues of water pollution. The high

density of population in

homestead type of

habitation poses

technological issues. The

basic standard of living in

the state is relatively high

and therefore, the level of

solid and liquid waste

generation is high even in

rural areas. The magnitude

of land, water and air

pollution is high leading to

dwindling environmental

assimilative capacity.

Consequently, the disease

burden in increasing as can

be understood from Figure 4.4. Therefore, there is an immediate necessity of upgrading the

environmental management systems especially for waste generation hotspots. These include

solid waste management facilities, improved slaughter houses, facilities for treating septage

and common engineered landfills.

The state has developed specific action plans for tackling the issues in sanitation sector and

placed an institutional framework with professional competence.

A sectoral status study on MSW management in Kerala indicates that the total MSW generation

in the state is about 8300 tpd (Table 4.20). These studies indicated that 70-80% of the total

waste generated is biodegradable in nature and these putrescible waste needs to be managed

within 24 hours. 13% of the waste is generated by the five City Corporations, 23% by the 53

Municipalities and the rest by the 999 Gram Panchayats. Though nominal facilities are provided

580000

600000

620000

640000

660000

680000

700000

720000

1999 2000 2001 2002 2003 2004 2005

Dis

ease

s

0

50

100

150

200

250

Dea

th Cases

Death

Figure 4. 1: Disease Burden

159

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

in 38 Municipalities, there are gross inadequacy in terms of capacity and abatement of

pollution. There are also issues with respect to plastic discards, e-waste and engineered

landfill. The management of plastic discards and e-waste are proposed to be handled by

establishing Resource Recovery Centres for disposing the reusable, and outsourcing the

disposal of the hazardous part.

Table 4.20. Waste Generation in Kerala

Local Governments Population 2001

Per capita

waste

generation (g)

Waste generation

per day

2001

(tpd)

2006

(tpd)

5 City Corporations 24,56,618 400 983 1,091

53 Municipalities 58,10,307 300 1,743 1,935

999 Grama Panchayats 2,35,74,449 200 4,715 5,312

Total 7,441 8,338

In the coastal areas of Kerala including panchayats, municipalities and corporations it is

estimated that about 1,677 tonnes of solid waste is generated per day assuming 300 gram per

capita in major cities and 200 gram elsewhere. This estimate is based on the 1991 census

updated to 2002 using the decennial population growth of 10%. The biodegradable solid waste

is estimated to be about 553 tonnes per day assuming that 1kg of waste contains 0.3 kg of

biodegradable waste. BOD load of solid waste reaching the coastal waters of Kerala is

estimated to be about 91 kg/ day assuming that 20% of the biodegradable solid wastes get

carried in to the inland water bodies and 10% of that reaches the coastal waters. District wise

details on solid waste and BOD load reaching the marine coastal waters are presented in Table

4.21.

160

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Consumption of Fertilizers and Pesticides

Annual consumption of fertilizers in Kerala is about 210,596 tonnes. Breakup of this is as

follows: N = 87,016 tonnes, P = 43,107 tonnes, K= 80,473tonnes. It is presumed that 1% of the

fertilizers applied on land reaches the coastal waters (KSPCB, 2002). About 1340 tonnes of

different types of pesticides is used for agricultural purpose in Kerala per year. An account of

various pesticides used in the State is given in Table 4.22. As in the case of fertilizers, it is

presumed that 1%of this reaches the coastal waters.

21

161

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

The MSW (Management & Handling) Rules, 2000 makes the disposal of final rejects from the

waste treatment plant in an engineered landfill (ELF) a mandatory requirement. If each

Municipality ventures to establish an ELF separately, it would require large tract of land having

no environmental constraints. Therefore, Regional ELF is suggested for tackling the

requirement. A comparative study on the land and cost requirement of individual ULB-based

ELF and Regional ELF are given in Table 4.23. Accordingly, six regional ELF are proposed for

the 14 districts according to the possible generation of waste rejects.

The Committee appointed by the Hon’ble Supreme Court estimated that yearly, about 4 lakh

tone of mutton and 6 lakh tone of beef are produced in Kerala by slaughtering 26.5 million

goat and sheep and 3 million cattle in the State. Apart from this, pig meat is also consumed in

the state about which no estimate is available. The Committee observed that the 44 slaughter

houses available in the state are inadequate, unhygienic and not equipped with adequate

facilities as per norms for modern abattoirs. There are also issues of waste produced from

about 5.5 lakh tone of chicken being sold every year in the State. The percentage of waste

generation in slaughter house is quite high of the order of 27.5% for bovines, 17% for

goat/sheep and 4% for pig. The waste generation in chicken stall is also reported to be high of

the order of 25%. The facilities for effluent treatment as well as solid waste processing are

also almost absent in these slaughter houses. Considering the population and meat

requirement, there is a minimum requirement of 7 large abattoirs, 22 medium abattoirs and at

least 225 small abattoirs.

22

162

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Table 4.23 Individual ELF Vs Regional ELF Facility

No Item Individual ELF for

each UBS

Regional ELF

1 Land requirement (Ha) 2316 957

2 Cost of land (Rs. per Ha) 0.40 Crore 0.18 Crore

3 Savings on land cost (Rs) 754 Crore

4 O&M cost per ton (Rs) 555 388

5 Savings per annum on O&M (Rs) 13 Crore

The coverage of sewerage facilities, even in the City Corporations, is extremely low of the

order of 30% in Thiruvananthapuram and 5% in Kochi Corporation areas, probably one of the

lowest in the country. Even in this system, the provision for treating the black liquor is almost

absent. Rest of the Municipal and rural areas do not have even such a facility. Due to land

constraints the septic tanks have volume constraints and due to high water table scenario, the

leach pits overflows, especially during rainy season which extend up to about 150 days in a

year. Therefore, there is a requirement of clearance and removal of septage, the facilities for

which are not available anywhere in the state. The practice now is to collect the septage using

vacuum suction into tankers which are then emptied into open spaces and even water bodies,

one of the most dangerous practices. Therefore, there is an immediate necessity of installing

Sewage Treatment Plants, at least for treating the septage collected from septic tanks and

leach pits.

Considerinng these issues, the Government of Kerala formulated and launched a

comprehensive action plan namely ‘Malinya Mukta Keralam (Waste-free Kerala)’ action plan in

2007 envisaging the following output to be achieved during the current plan period.

• Total coverage of household sanitary latrines

• Total coverage of latrines in public institutions like Anganwadis, Schools and Hospitals

• Putting in place household and institutional waste treatment systems

• Segregation of household and institutional waste

• Developing decentralized common treatment facilities

• Development of common sanitary land-fill sites for inert waste as required

• Making Colonies clean and neat

• Introducing litter-free public places

• Plan for liquid waste management

• Extending sewerage facilities

These action plans are being implemented in a time-bound manner.

163

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

4.3 Functions of Local Governmets and their Environmental implications

The Kerala Panchatayi Raj Act and the Kerala Municipalites Act, outlines the functions of

various tiers of Local Government in detail. The functions are classified as mandatory

functions, general functions and sectoral functions. The sectoral functions include agriculture,

fisheries, animal husbandry, dairy development, minor irrigation, social forestry, small

industries, housing, waters supply, electricity and energy, education, public works, public

health and sanitation, social welfare, poverty alleviation, SC /ST development , sports and

cultural affairs , PDS, natural calamities relief, and Cooperation.

Some of these functions include interventions on ecosystem resources, and hence have

environmental implications. For instance, the activities associated with the mandatory

function ‘regulating building construction’ can cause adverse environmental impact due to

resource consumption and waste generation. There are many functions which have beneficial

impacts if appropriate protocols are observed. An example for this is the the secoral

responsibility of ‘putting into practice water conservation’. In many such cases, poor

implementation or service delivery can also cause adverse environmtal impact.

The environmental impacts of functions of Local Governmetns has been analysed using an

activity-impact matrix. For analysis in matrix method, causative factors or activites associated

with the function are listed. The environmental impact can be either due to the activites

related to the function per se, or poor service delivery in performing the function. In some

cases, the environmental impact of the function is not clear at this stage as it will be

subjective and depends on the boundary conditions, scale, type and duration of the activity

etc. Futher, the adverse effects due to the causative factors or activites related to the

function are enumerated. It examines whether a particular function, has no environmental

impact, or has beneficial environmental impact or has adverse environmental impact. It also

tries to qualify the level of adverse impact as High, Medium, Low or Insignificant. The

following notations are used to denote the impact type and magnitude: H for High Adverse

Impact, M for Medium Adverse Impact, L for Low Adverse Impact, I for Insignificant Impact, N

for No Impact, B for Beneficial Impact and S, if the impact is Subjective. The matrix also

outines the mitigation measures for adverse impacts or measures for positive enhamcement of

beneficial impacts wherever applicable.

The detailed activity-impact matrices for all the madatory, general and sectoral functions of

Grama panchayats, Block panchayats, District Panchayats and Municipalites is presented in

Annexure V. The projects dealing with Infrastructure, industries, intensive landuses, high

magnitude resource consumption and some of the service sectors like sanitation are found to

be the causing adverse impacts of high magnitude and intensity. This is mainly due to

inadequate compliance to the stipulated protocols and poor environmental management

measures.

The outcomes of the activity impact matrix anayisis has been incorporated into the

Environmental and Social Management Framework in Chapter 5. Based on the level and type of

impact, functions requiring environmental regulation have been classified under a Control List,

164

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

which indicates those activities having high or medium adverse impacts, or the impact is

subjective/unclear and hence should be subjected to a detailed environmental assessment.

This list form the basis for environmental screening of development projects, proposed under

the Environmetnal and Social Management Framework.

4.4. Environmental Analysis of Development interventions of Other Departments

Convergent at Local Level

Several of the State and Central government projects are convergent at the local level- these

are either implemted by the Local Governments, or supported by the Local Governmets, or are

implemted within the jurisdiction of the Local Government. Hence it is imperative to examine

the environmental implications of these development projects that are convergent at local

level. The activity-impact matrix method is used for environmental impact of these projects as

well. The findings from the matrix analysis have been incorporated into the ESMF outlined in

Chapter 5. A few sample SOE reports are given in Annexure VI.

4.5. Summary of Findings from the Focus Group Discussions Conducted in LSGIs

To understand the development paradigm and environmental concerns of local bodies at

various levels, structured focus groups discussions were organized in selected three tier

Panchayats and Urban Local Bodies. The discussions also helped in identifying gaps in the

existing systems, processes and tools adopted for development planning and in identifying

capacity building need for the local bodies.

In order to facilitate the Structured Focus Group Discussions, a questionnaire was prepared.

Refer to Annexure VII for the sample questionnaire. The questionnaire served as an indicative

list for collection of primary information from the local bodies. General information about the

local body was also collected to understand the profile of the local body.

The following eleven local bodies were surveyed to get a perspective of the developmental and

environmental issues of local self governments.

List of LSGIs where FGDs were conducted

Type of LSGI Location District

Grama Panchayat

Tanalur Malappuram

Thalikulam Thrissur

Kumbalanghi Ernakulam

Elor Ernalulam

Vengola Ernakulam

Block Panchayat Perambra Kozhikode

Mullassery Thrissur

District Panchayat Wynad Wynad

165

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

Municipality

Koilandy Kozhikode

Perinthalmanna Malappuram

Nedumangad Thiruvananthapuram

Five Grama Panchayats, two Block Panchayats, one District Panchayat and three Municipalities

were included in the sample. Local bodies from coastal plain areas, mid land and high land

stretches of the state were part of the sample. The surveys were conducted during April- May

2009.

The focus group discussions were attended by elected representatives as well as staff from

LSGI or other government departments who are associated with the development planning

process. More than fifty elected representatives were consulted through these discussions and

approximately 26% of them were women. One district panchayat, one block panchayat and one

grama panchayat were led by women representatives. In addition, more than 20 government

staff involved in planning and implementation of development projects participated in the

survey.

Detailed minutes of the surveys in various LSGIs is provided in Annexure VII. The findings from

the field surveys is summarised in the following section.

4.5.1. Summary of Findings

4.5.1.1. Developmental activities undertaken by the LSGI

The following table summarizes the development projects undertaken by the LSGI. This is an

indicative list of activities based on the inferences from the field survey.

166

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

Related to functions of LSGI State / central/ line

department projects

Gra

ma P

anchaya

t

Permission for building construction

Solid waste management

Health and sanitation

Soil and water conservation

Drinking water supply

Market places

Burning and burial Grounds

Various Licenses, certificates, tax

Collection of statistics

Poverty alleviation and employment- Kudumbasree

Promotion of cultivation in waste/fallow/marginal lands

Diary development

Fisheries sector development

Implementation of housing schemes

Electrification

Promotion of bio-gas

Improvement of amenities and quality of education in

Schools

Construction and maintenance of Panchayat roads

Construction and maintenance of govt buildings

Management of health centres, ICDS centres

Construction of Play grounds and cultural centres

Housing schemes: IAY,

VAMBAY, Special

Schemes for SC/ST

Employment Schemes:

SGSY, SGSY Special

Projects. NREGP,

Kudumbasree

Watershed and Soil and

water conservation:

IWDP/ Hariyali

WASH: Clean Kerala

Mission, TSP

Energy conservation:

ANERT

Blo

ck P

anchaya

t

Coordination with Grama Panchayats

Solid waste management

Soil and water conservation, Watershed projects

Drinking water supply

Market places

Burning and burial Grounds

Promotion of cultivation in waste/fallow/marginal lands

Fisheries sector development

Skill development training, local enterprise development

Improvement of amenities in schools and hospitals

Road construction and maintenance

Lift irrigation schemes

Energy conservation

Implementation of employment schemes

Implementation of housing schemes for SC/ST population

Employment Schemes:

SGSY, SGSY Special

Projects, NREGP,

Kudumbasree

Watershed and Soil and

water conservation:

IWDP/ Hariyali

WASH: Clean Kerala

Mission, TSP

Energy conservation:

ANERT

167

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

4.5.1.2. Innovative approach/ projects

This section highlights a few of the initiatives from the aforementioned LSGIs which are

noteworthy for their innovativeness and could be replicated and up-scaled.

IT and Governance

Citizen Charter, Perinthalmanna Municipality:

A commendable governance initiative is the “citizen charter” prepared by the Perinthalmanna

Municipality. The citizen charter document outlines the procedure for availing a list of thirty

nine services offered by the municipality. The document also specifies the time limit for

processing applications for these services. If the service is not delivered with in the specified

Dis

tric

t Panchaya

t Coordination with Block, Grama panchayats

Promotion of agriculture

Construction and maintenance of district roads

Education

Health

SC/ST welfare

Munic

ipality

Permission for building construction

Solid waste management

Health and sanitation

Soil and water conservation

Drinking water supply

Storm water drainage and sewerage networks

Market places, bus stands, cultural centres, libraries, town

halls

Burning and burial Grounds

Various Licenses, certificates and tax collection

Collection of statistics

Poverty alleviation and employment- Kudumbasree

Skills development training and promotion of enterprises/

industries

Promotion of cultivation in waste/fallow/marginal lands

Diary development

Fisheries sector development

Implementation of housing schemes

Electrification , energy conservation

Promotion of bio-gas

Improvement of amenities in schools and hospitals

Construction and maintenance of roads

Construction and maintenance of govt buildings

Management of health centres, ICDS centres, hospitals and

schools

Employment Schemes:

SGSY, SGSY Special

Projects, NREGP,

Kudumbasree

Watershed and Soil and

water conservation:

IWDP/ Hariyali

WASH: Clean Kerala

Mission, TSP

Energy conservation:

ANERT

UIDSMT

JNURM

168

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

time limit, the applicant can bring it to the notice of Municipal Secretary and Chairman. The

citizen charter booklet was provided to all households in the municipality.

Computerisation and Governance reforms, Tanalur Grama Panchayat:

Computerisation of Tanalur Grama Panchayat was supplemented by several other initiatives to

improve the service delivery of the Grama Panchayat. The Pachayat conducted a detailed

socio economic survey , where in details of each land parcel(with details of land use, type and

use of buildings), household (details of members, occupation, asset ownership, amenities,

details of agriculture, animal husbandry, details of water supply and sanitation facilities,

income sources, birth and death in last one year, health status, details of earning members

who are working abroad, participation in Grama Sabha, details of govt schemes from which the

household has benefited) and commercial establishments/ enterprises (type , asset ownership,

details of licenses, employees etc) were collected and collated to a database. Computerisation

and automation of certain business processes was another initiative. Any citizen, who submits

a grievance or application for availing a specific service offered by the Grama Panchayat,

receives a receipt which will specify the application number and time limit for processing the

application. The status of the application and details of officials responsible for addressing the

grievance can be tracked by entering the application number in information kiosk.

Private Sector Partnerships

Investors meet, Mullassery Block Panchayat:

In the case of Mullassery Block panchayat in Thrissur district, majority of the households have

at least one earning member who is employed abroad. The Block panchayat organized an

investor’s meet to mobilize their support for promoting small and medium enterprises in the

Block panchayat. 30 small enterprises were started with support mobilised through this event.

Partnership with NRIs and local NGO (Vikas Trust), Thalikulam Grama Panchayat :

The Panchayat has been able to successfully mobilize financial support from an NRI

businessman who hail from this Panchayat for various development interventions. Vikas trust,

an NGO floated by one of them is also complementing and supporting these interventions. The

Panchayat conducted an employability survey in the Panchayat and found that there are at

least three thousand people who need a job. The Panchayat organized job oriented training

programmes for them and 2000 beneficiaries have been employed so far. The panchayat also

mobilized additional financial resources from the trust for implementing housing schemes.

Drinking water supply by Industries, Elor Grama Panchayat:

Elor Panchayat faced severe drinking water shortage due to the pollution of ground water

caused by four industries in the Panchayat. 2144 families in 6 wards of the Panchyat are

provided with free drinking water supply by pooling in financial resources from the four

industries. The FACT’s water treatment plant supplies treated potable water to these areas.

The fixed cost on establishing the water supply network and the recurring cost on pumping,

treating and supplying are met by these industries.

169

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

Cataract camps, Perinthalmanna Municipality:

The Perinthalmanna municipality successfully organized a campaign to identify and support the

treatment of those affected by Cataract. The project was implemented with the support of

Kudumbasree members (who facilitated the initial screening of beneficiaries),Aalsalam

hospital, (a private ophthalmic hospital in Perinthalmanna who facilitated the detailed check-

up and operations), and Rotary Club (who provided financial support for the entire

programme). 2000 people benefited from this scheme.

Resource Mobilization

Construction of bus stand cum shopping complex, Koilandy Municipality:

The bus stand cum shopping complex was constructed at a total cost of INR 6.65 crores. The

entire cost of the project was moblised by renting out the 79 shop rooms in the shopping

complex for office/ commercial spaces in advance and collecting the caution deposit. The

Municipality has constructed a public market as well. The LSG now owns approximately 6000 sq

m of built up area, which is a major source of recurring income. In the year 2007-08 , the

income from assets (rent on land and buildings, markets and comfort station, sand auction)

owned by the Municipality was INR 3,51,40,000, which is roughly 30% of the total municipal

budget.

Chairman’s relief fund, Perinthalmanna Municipality:

When ever a major development activitey is implemented, for instance a major road, or bye

pass road, industrial park etc- the land vale in the fringe areas of the project generally

appreciates. So the Municipality is proposing to levy a one time ‘Development tax’ on

beneficiaries of major projects. The money will be used for other development activities

through the Chairman’s Relief fund.

Carbon Trading, Perinthalmanna Municipality:

As part of the Total Sanitation Project, the municipality implemented the Integrated Low Cost

Sanitation project where in approximately 800 toilets which are attached to bio gas plants,

were constructed. It is proposed to trade the carbon saving from this initiative.

Housing Scheme in Tanalur Grama Panchayat:

The project was conceptualized when the Panchayat received more applications for housing

schemes than it could possibility fund through the annual plan. The Panchayat obtained special

sanction for mobilizing additional resources through bank loan. 470 houses were constructed in

the last five years through this scheme. The Panchayat is presently repaying the principal

through annual installments from their development fund and the general purpose fund. The

interest on the loan is borne by the beneficiaries. This project was a precursor of the

ambitious EMS housing scheme mooted by state govt this year

Mobilising Technical Support

Inadequacy of technical support is an excuse oft-quoted for delay in development and

implementation of various development projects. But on the contrary, several of the LSGIs

170

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

mobilized technical support from with in the LSGI or from various departments or from

resource institutions of repute. To quote a few:

• Indian Institute of Management, Kozhikode developed the business plan for Subhiksha,

the Women’s cooperative movement implemented by Perambra Block Panchayat.

• Integrated Rural Technology Centre (IRTC) Palakkad provided technical support for

development of watershed master plan for Perambra Block.

• IRTC Palakkad provided technical supported to several LSGIs for implementation of the

Solid Waste management projects

• Mythri is providing technical support for the drainage and sewerage network design for

Koilandy Municipality

• The inland fisheries related initiatives of Kumbalangi Grama Panchayat are supported

by ADAC.

Livelihood Enhancement and Diversification

Local Employment Directory, Perinthalmanna Municipality:

The Municipality conducted a survey to identify the local employment opportunities in the

region. For instance, the Municipality has 20 private hospitals, which can provide employment

for local population. It was found that approximately 1000 jobs are available locally. Based for

the survey, the municipality facilitated skill development programmes for gainful employment

in these sectors. 330 women have been already employed through this initiative.

Subhiksha Project, Perambra Block panchayat:

Subhiksha, is a Women Cooperative Producing Value Added Coconut Products. The project was

developed and implemented by Perambra Block Panchayat with technical support from Indian

Institute of Management, Kozhikode. The project was supported under the SGSY scheme and

had a funding of central and state contribution of INR 8 crore, INR 4 crore mobilized through

bank loans, besides the beneficiary contribution. The project has successfully established more

than 500 small units benefiting around 7000 women below poverty line. The units are engaged

in production and marketing 41 value added items based on coconut. The production chain and

activities of these units are interconnected. 23 units procure coconut directly from farmers.

Husk is taken to units dealing in mechanized fibre production and the coir pith from these

units are used for producing manure through composting. Coconut is taken to copra drier unit.

The coconut water is given to units producing squash, vinegar etc. Dried copra is handed over

to coconut oil producing units. Shell is given to units specializing in charcoal production. In

addition to selling coconut oil, a part of it is used for producing soap. Parallel to this, there

are unit which produce value added food products from coconut, like coconut pickle, jam,

candy, tender coconut cake, hair oil, wholesome tender coconut as a snowball etc. Subhiksha

has entered into an agreement with Rubco to extract virgin oil from undried coconut. In

addition, one of the units produces coconut saplings. The women’s collectives take up door to

door marketing of these value added products.

Community Participation

171

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

Aarogya Sena, Koilandy Municipality:

Koilandy Municipality has trained a group of Community Health Volunteers or Aarogya Sena’s at

ward level. The volunteers are involved in monitoring of preparedness level against health

hazards as well as in awareness generation programmes related to water, sanitation and

hygiene.

Jana Maithri Suraksha , Perinthalmanna Municipality:

This state level community policing initiative is being implemented in Perinthalmanna

Municipality. The project envisages the formation of people’s committees comprising of

elected representatives and heads of educational institutions at the police station level for

implementing the scheme. The committees would help law enforcers devise location-specific

policing strategies. Beats comprising 500 to 1,000 households with a police officer of either

head-constable or assistant sub-inspector rank interacting with the members have been

formed. Any citizen can contact the beat officer for help, round the clock. There has been

considerable reduction in the crime rate in the Municipal area post implementation of this

project.

Water Supply, Sanitation and Hygiene

Kudumbasree in Solid Waste Management:

Solid waste collection enterprise initiated by Kudumbashree is highly beneficial not only to

solve the problem of environmental pollution, but also as a means of livelihood to the

urban/rural poor especially women, and without any additional financial burden to the urban

local bodies. For collecting waste from the households, the entrepreneurs charge Rs 30/- per

month from each household. The women entrepreneurs engaged in solid waste collection are

earning Rs 3,000 to Rs 5,000 per month. Now 155 Kudumbashree solid waste management

groups are in operation in 18 urban local bodies in the State. In addition to door to door

collection in Urban/ semi urban areas, units which handle waste from market places and from

meat/chicken stalls are also coming up.

Natural Resource Management

Watershed Master Plan, Perambra Block panchayat:

To operationalise the government guideline for preparation of an integrated watershed master

plan, the Perambra Block Panchayat got in touch with IRTC for technical hand holding. IRTC

conducted a ToT programme for 101 master trainers from different walks of life like farmers,

activists, politicians, students, professionals, officials and elected representatives for 4 days.

The master trainers in turn facilitated the preparation of the map delineating 46 micro

watersheds and training of selected persons from each watershed at the local level. Two

survey teams of seven persons each were formed for each micro watershed. A Watershed

Committee as formed at the level of the Village Panchayat. Community moblisation for

watershed planning was facilitated by these filed level volunteers. This included a special

Grama Sabhas, discussion in school assemblies, banners and posters, conduct of Jala Jatha etc.

Special surveys of gullies and streams and transect walks were conducted. Intensive meetings

172

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

of Neighbourhood Groups of farmers were organized and Watershed Mahasabha constituted in

each micro watershed. Action plans for watershed based interventions were prepared. With

expert interventions in respect of agriculture, fisheries, soil conservation and special

problems, the watershed master plan was finalized. The whole exercise took 16 1/2 months. In

order to plan and implement the programmes, farmers’ group called Karshaka Koottaima has

been formed. The plans are to be implemented converging funds from the local governments,

State Government and Central Government.

Jala Samrithi Nagaram Campaign, Koilandy Municipality:

The municipality organized “Jala samrithi nagaram” campaign for promoting water

conservation. One lakh mazhakuzhi (water recharge structures) as well as several tadayana

(check dam) were constructed. Based on the request from municipality, 11 private ponds were

handed over to LSGI to be converted to rainwater harvesting structures. Cleaning up of canals

and streams were also taken up as a priority activity. Social forestry initiatives were also

campaigned for. The concept of “jaiva veli”- compound wall with local plant varieties -was

promoted. Several other campaigns - Mazha utsavam, tiruvatira njattuvelaye swikarikkuka ,

kaliyane sweekarikkuka were orgnised to soil and water conservation practices. Studies show

that there is a 4% increase in ground water level post implementation of the water

conservation initiatives.

4.5.1.3. Environmental issues

The major environmental issues identified by the LSGIs during the survey are listed below.

Issue Root cause

Water logging Filling up of canals, ponds and wetlands affecting the natural

drainage pattern.

Siltation in canals and water bodies.

Absence of storm water drainage network

Wetland conversion Construction of roads, houses and other buildings

Solid waste management Littering in public places

Dumping of solid waste into water bodies

Problems in identifying solid waste management sites

Inadequate capacity and efficiency of collection

No facilities or inadequate capacity for processing bio degradable

waste from market places, slaughter houses, meat and chicken

stalls etc

No facility for handling plastic waste, construction debris

No facility for handing bio-medical waste

Shortage of drinking

water

Salinity intrusion in coastal areas

Ground water contamination from polluting industries

Depletion of ground water sources

Depletion and contamination of surface water sources

Inadequacy or absence of water supply network

Use of pesticides contaminating water sources

173

Chapter 4

Environmental Analysis of Developmental Interventions at Local Level

Discharge of industrial and urban waste into water bodies

Erosion Coastal erosion

Bank erosion in rivers, streams, rivulets and canals

Top soil erosion due to deforestation

Mining and quarrying Sand mining from rivers

Mining of granite and laterite

Mining of hillocks for soil

4.5.1.4. Planning and implementation of developmental activities

Development interventions are identified through needs assessments done at Grama Sabhas.

Most of the approved projects emanated from the needs articulated at the Grama Sabhas. In

general, most of the LSGIs were able to organize Grama Sabhas at the stipulated intervals. Ten

to fifteen percent participation was reported. Inadequate capacity of the Grama Sabhas and

working groups to address technical queries related to sector interventions is a lacuna.

4.5.1.5. Reasons for deviations in plan implementation

The following are the typical reasons for deviations in project implementation.

Process related:

• Changes in projected number of beneficiaries – if a scheme doesn’t attract enough

number of beneficiaries or more number of people apply for a scheme.

• Delays in approval of the plan by TAG/ DPC

• Inconsistency in recommendations/ guidelines/ executive orders and their suitability

for local conditions

• Delays in finalization of departmental projects and fund allocation. This is extremely

important in sectors like agriculture, aquaculture etc were activities are seasonal and

timeliness of intervention is crucial.

• Need for flexible guidelines while implementing pilot innovative projects and local

specific projects

• Need for more devolution of power in deciding sectoral priorities and fund allocation

• Lack of coordination in cases of projects implemented by other departments like

Revenue, Tourism & Irrigation departments, as well as lack of coordination between

interventions of three tier panchayats.

• Too many audits and trivial audit objections

• Code of conduct after the declaration of elections (national, state or local elections) or

bye-elections cause delay in implementation

Resource related

• Lack of funds

• Changes in subsidy norms

Capacity related:

• Inadequacy of technical support for sectoral interventions.

174

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

• Dearth of adequately qualified/ trained staff has been a common grievance in both

ULBs and three tier panchayats (ex: sharing of agricultural officers/engineers/other

technical staff between Panchayats, posting of engineers from irrigation department on

deputation in village Panchayats, lack of staff with expertise in Town Planning in

Municipalities, frequent staff changes).

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

CCChhhaaapppttteeerrr 555

EEEnnnvvviiirrrooonnnmmmeeennntttaaalll aaannnddd SSSoooccciiiaaalll MMMaaannnaaagggeeemmmeeennnttt

FFFrrraaammmeeewwwooorrrkkk

555...111 IIInnntttrrroooddduuuccctttiiiooonnn

he Kerala Local Government Service Delivery Project (KLGSDP) provides discretionary

performance based grant to be made available to LSGs. The grant is to be used for creation

as well as maintenance of capital assets used in service delivery. As per well established policy

and precedent, the World Bank ensures that none of the activities undertaken through the use

of its funds lead, directly or indirectly, to any kind of adverse environmental or social impact.

It is in this context that this environmental and social assessment exercise has been conducted

on the proposed project concept and an appropriate Environmental and Social Management

Framework (ESMF) developed to suitably address the implications identified during the

assessment. The ESMF is discussed in detail and provides guidance on its correct

implementation. Needless to say, application of the ESMF is mandatory for all expenditures

incurred under Component 1: “Performance Grants” of the project. However in the future, the

Local Self Government Department of the Government of Kerala could consider the option to

apply it to all activities taken up by the LSG institutions irrespective of the source of funds.

This project has been classified as Category ‘B’ in World Bank’s safeguards categorization

meaning thereby that low to medium level Environmental and Social impacts are expected.

Looking at the long and extensive list of LSG functions, it is quite apparent that all the

functions listed therein would not necessarily lead to environmental and social impacts. It is

only activities pertaining to certain specific sectors such as sanitation, infrastructure,

agriculture, tiny or small-scale industries, etc. that could plausibly lead to environmental

and/or social implications of low to medium magnitude. Most other LSG functions (such as

promoting education, welfare of scheduled castes, etc.), would tend to remain rather benign

when examined from the environmental and social safeguards angle. It follows that the ESMF

would apply only to those activities that lead to any kind of significant adverse environmental

and/or social impacts.

555...111...111 SSSaaallliiieeennnttt fffeeeaaatttuuurrreeesss ooofff ttthhheee EEESSSMMMFFF

A simple ESMF for use of the Local Governments is suggested. The ESMF will enable the LSGs to

examine proposed activity plans for possible adverse environmental or social implications. If

any such implications are, in fact, anticipated and identified, then the ESMF will provide

requisite guidance to the LSGs, enabling them to incorporate appropriate counter-measures

into their activity implementation plans so that these impacts could be either prevented from

occurring or at least, their severity reduced to manageable or permissible limits.

The main feature of the ESMF is a simple screening procedure that would enable LSGs to

predict, identify and estimate the scale of the likely environmental and social (E&S) impacts

TT

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

1

associated with the activities planned to be taken up by them, if any. It further features a set

of mitigation guidelines that enable the LSGs to build in appropriate provisions in the

respective activity plans that help prevent, mitigate or offset the identified E&S impacts, if

any. Successful (or unsuccessful) application of screening procedures and mitigation guidelines

will lead to grant (or denial) of environmental approval to the proposed activity. The ESMF also

lays down simple but effective procedures for verifying the correctness of implementation and

documenting compliance status vis-à-vis mitigation measures, when implementation takes

place.

The entire process described above is known as the E&S Clearance and Compliance Verification

Procedure and comprises the primary component of the ESMF. Care has been taken during

designing of this procedure to ensure that it is user friendly and simple enough to be

understood and implemented by LSG functionaries or associated personnel. In addition, there

are three components of the ESMF that play a supportive role in ensuring accurate and

successful application of the E&S clearance and compliance verification procedure. These are

discussed in the next section.

555...111...222 CCCooommmpppooonnneeennntttsss ooofff EEESSSMMMFFF

Following are the components of this ESMF:

1. E&S Clearance and compliance verification procedures

a. Screening for E&S safeguard requirements

b. Impact assessment and mitigation planning (for activities requiring safeguards)

c. E&S approval

d. Compliance verification

2. Institutional framework

3. Capacity building plan

4. Implementation monitoring plan

5. Budget

The LSGs are expected to follow their standard procedures for approval of proposed activities

that are to be funded through the Block Grant facility mooted under Component 1 of the

project. The E&S clearance and compliance procedure, listed at No. 1 above, consists of a few

easy additional process steps that have been superimposed on the existing procedures so that

E&S clearance also becomes a part of the routine approval process. The add-on procedures

described herein also contain a built-in provision that enables LSGs to integrate appropriate

mitigation measures into the activity implementation plan itself and subsequently verify

whether they have been adequately complied with during work execution.

The Institutional Framework, listed a, allocates exact functions, roles and responsibilities to

different players at various levels of hierarchy in the management set-up along the LSG

organizational structure leading to the grant of E&S clearance as well as verification of

compliance post implementation. Again, care has been taken to maintain close consistency

with the prevailing lines of authority / reporting protocols in the existing LSG structure.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

2

Even though the E&S clearance procedures developed herein are simple, non-expert based and

user friendly, they will be new and relatively unfamiliar to various associated players who are

expected to make use of these procedures while discharging their respective roles and

responsibilities. Consequently, they will not be able to apply these procedures effectively

unless they are completely familiar with their application and have the necessary background

knowledge and information to successfully implement them. The Capacity Building Plan has

been included in the ESMF precisely intention of addressing this specific requirement. It

suggests detailed training curriculum and training schedules that will ultimately lead to the

familiarization of all involved with the E&S clearance and compliance procedures. The

trainings suggested in this plan will be integrated with the overall training / capacity building

plan of the project under Component 2, to be implemented by the Kerala Institute of Local

Administration (KILA) and the State Institute of Rural Development (SIRD).

The fourth and last component, namely implementation monitoring, will help the Project

Management in assessing the quality of ESMF implementation and enable them to take up

corrective measures wherever required. This activity will have interface with the overall

project monitoring proposed under Component 4 of the project. Another monitoring activity

undertaken in the project will comprise of Annual Performance Assessments proposed as a

basis of disbursal of Performance Grants to qualifying LSGs under Component 1.

555...222 EEE&&&SSS CCCllleeeaaarrraaannnccceee aaannnddd CCCooommmpppllliiiaaannnccceee

This section elaborately discusses the E&S Clearance and Compliance Verification procedures

developed as the operational part of the ESMF. There is a slight difference between the

procedures suggested for Grama Panchayats and Municipalities due to difference in

organizational structure. Suggested procedures for both are discussed separately in

forthcoming sections.

Broadly, the procedure can broadly be divided into two distinct components, namely:

1. Grant of E&S Clearance

2. E&S Compliance Verification and Documentation

The former pertains to grant of E&S clearance to any proposed LSG activity. The basis for grant

of this clearance is the correctness and appropriateness of the E&S impacts identified as likely

in connection with the proposed activity, as well as the suggested action plan for mitigation.

The latter pertains to physical verification of compliance to recommended E&S mitigation

measures and documentation of this verification. Physical verification of compliance can be

done a few times while execution of works pertaining to the activity is in progress depending

upon the kind of activity and discretion of the verifying authority. However, after completion

of works, the ESMF proposes a procedure that records the compliance to suggested mitigation

measures and makes it mandatory to enable release of the last installment of payment to the

executing agency. Sections 5.2.1 and 5.2.2 discuss details vis-à-vis these procedures for Grama

Panchayats and Municipalities respectively.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

3

555...222...111 EEE&&&SSS CCCllleeeaaarrraaannnccceee aaannnddd CCCooommmpppllliiiaaannnccceee PPPrrroooccceeeddduuurrreeesss fffooorrr GGGrrraaammmaaa PPPaaannnccchhhaaayyyaaatttsss

As mentioned earlier, the procedures for securing E&S Clearance have been developed in a

manner that they fit the standard approval procedures followed by the LSGs.

We first describe the standard approval procedures followed by GPs in Kerala in the normal

course. These are as follows:

• Subproject ideas are taken up by the Sectoral Working Groups (SWGs) (in the local body)

from the activities already listed in the 5 year Development Report1 for the respective GP.

• The GP has a number of Working Groups, each of which is in-charge of a specific LSG

function such as sanitation, roads, buildings, agriculture, water works, poverty reduction,

etc. The proposals taken up by the SWGs are submitted to the Gram Sabha for

prioritization of works/activities.

• Upon prioritization by the Gram Sabhas, the respective Working Groups prepare draft

subproject plans and submit to the GP Committee

• The GP Committee discloses and discusses these proposal in a Development Seminar

participated by experts, professionals, representatives of Gram Sabha and local people.

Based on discussions and feedback obtained at the Development Seminar and after

incorporating recommendations a final sub-project plan is arrived at.

• Subsequently, GPC concurs with and approves the final subproject plan discussed and

disclosed in the Development Seminar.

• Thereafter, the respective Working Groups prepare the Detailed Project Reports (DPRs)

through the GP Implementing Officers (Assistant Engineer/Secretary/Headmaster/Medical

Officer/ICDS Supervisor, as the case may be) and other technical staff

• * The DPRs are submitted to the Officer in the next higher tier in the Block level (Block

Engineer/Assistant Director of Panchayats/Deputy Director of Education/District Medical

Officer/Community Development Program Officer, as the case may be) at the block level

for vetting the subproject proposals with respect to compliance to procedures/norms laid

down by Government, technical feasibility, financial viability, etc.

• Upon vetting the proposals, the Block Level officer (Block Engineer/Assistant Director of

Panchayats/Deputy Director of Education/District Medical Officer/ Community

Development Program Officer, as the case may be) forwards the same back to concerned

Implementing Officers for submitting the same to District Planning Committee (DPC) for

the latter’s approval of subproject and annual plan for the respective GP.

• The implementation of subprojects is carried out by the Implementation Officer who is

also the convenor of the Working Groups. The day-to-day monitoring of implementation is

carried out by the members of the working groups.

A depiction of the process flow for granting environmental clearance and subsequent

verification of compliance for Grama Panchayats as superimposed on the above standard

approval process is given in Figure 1.1.

1 Every 5 year a special consultation process for needs assessments at the ward levels are conducted and respective ward requirements are consolidated and tabled in the Gram Panchayat Committte for concurrence and incorporation in the Development Report for the respective Panchayat/Local Body. *From 12th Plan onwards, Technical Advisory Group (TAG) has been dispensed with and the responsibility of giving the Technical Sanction and was assigned to the Officer in the next higher tier in the concerned sector.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

4

Figure 1.1: Environmental and Social Clearance and Compliance Verification Procedure for GPs

E&S Clearance and Compliance Verification Procedure for GPs

Project ideas from approved and disclosed Final Sub-project

Plan obtained from GP Committee

WORKING GROUP Prepares DPR and undertakes ESMF

screening with help of GP Implementing Department

Referred to GP Committee for forwarding to Implementing

Officer

No

Yes

Has any permission / sanction been

accorded that enables this regulatory list

entry to be taken up for implementation?

Yes

Level 1 activity

Revise DPR incorporating

mitigation plan from given mitigation guidelines and revising cost if

required

Revise DPR by conducting LESA#,

incorporating suggested mitigation plan and revising cost

if applicable

Level 2 activity

GP Implementing Officer

- Prepares DPR - Implements work

after DPC approval

No

Yes

� NOT

APPROVED

No

Block Level Clearance

Examination of DPR by Supervisory

Officers for accuracy and acceptability of

mitigation plan

DPC** Approval

Yes

PROJECT DEFERRED OR DPR SENT BACK

FOR REVISION

APPROVED

REGULATORY LIST SCREENING

Does any part of the Regulatory list apply the

proposed activity?

PROJECT PROPOSAL / DPR

No

No

DPR READY

CONTROL LIST SCREENING This list has two parts:

Level 1: low impact Level 2 medium impact

Does any entry in one of these lists apply to the proposed

activity?

DPR PREPARATION BY IMPLEMENTATION OFFICER

Interim compliance verification during works execution, wherever applicable

ESMF compliance filing by works contractor on completion of works

execution

COMPLIANCE VERIFICATION Only for activities requiring Mitigation Plans as per ESMF

Verification of ESMF compliance by GP Implementing Officer and Chairman,

Monitoring Committee before approval of final installment of payment to works

contractor.

ESMF COMPLIANCE VERIFICATION BY IMPLEMENTATION OFFICER WITH FACILITATION FROM BLOCK LEVEL OFFICER

Block Level Officer Facilitates ESMF at all

stages

ESMF SCREENING DURING DPR PREPARATION WORK

** DPC: District Planning Committee # LESA: Limited Environmental and

Social Appraisal

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

5

It is at the DPR preparation stage that the first stage of E&S Clearance will come into play.

This would be done by screening of the proposal for environmental and social implications.

Since the DPR preparation work is undertaken by the Working Groups along with the GP

technical staff, it is best if the E&S screening and mitigation planning is also done by them. In

spite of this, it is important for the GP Committee members, concerned Block Level approving

authorities (Assistant Executive Engineer/Assistant Director of Panchayats/Deputy Director of

Education/District Medical Officer/Community Development Program Officer, as the case may

be) and District Planning Committee members to be familiar with the entire screening process

so that they understand the environmental and budgetary implications.

The section below describes the procedures for the first step in grant of E&S Clearance, viz.,

E&S screening and mitigation planning.

555...222...111...111 SSScccrrreeeeeennniiinnnggg fffooorrr EEE&&&SSS iiimmmpppllliiicccaaatttiiiooonnnsss

The E&S screening and mitigation planning is proposed to be done in two consecutive stages.

While the Engineers will be doing the screening, guidance will be provided by the Higher Level

Officer in the next tier of planning process. Following are the two stages in screening:

First Stage Screening: This stage of screening is intended for weeding out activities that are

prohibited by prevailing applicable regulations2 or allowed in only very special circumstances.

A screening tool known as the ‘Regulatory List’ has been prepared for use in the first stage of

screening. The Regulatory List (see Proforma A, section 1.2.3 ‘E&S Clearance Toolkit’) is a list

of given activities prohibited by regulations or a set of conditions or circumstances under

which no activity is allowed by law, with conditional clearance in case of certain very specific

situations, if any. If any type of activity or condition listed in the Regulatory List happens to

correspond or apply to the proposed activity, it cannot be granted E&S clearance unless the

requisite permissions / provisions listed therein, if any, are obtained / met. The Regulatory

List is very useful and effective in weeding out activities that may be contravening any

prevailing environmental or social legislation.

Second Stage Screening: The second stage of screening is meant for proposals which have

cleared the first stage. The tool used here is known as the ‘Control List’. The Control List (See

Proforma B; section 1.2.3 ‘E&S Clearance Toolkit’) consists of two separate components: that

of activities classified as Level 1 and that of activities classified as Level 2. Level 1 activities

are expected to have relatively low magnitude E&S impacts while Level 2 activities could lead

to slightly higher, i.e., medium level E&S impacts.

In case of Level 1 activities, the ESMF recommends a set of simple pre-determined mitigation

measures which are provided as E&S Guidelines (See E&S Guidelines; section 1.2.3 ‘E&S

Clearance Toolkit’). The concerned authority has to ensure that these mitigation measures are

included and integrated with the overall activity proposal and cost implications, if any, are

also added to the activity budget.

2 This includes National and State regulations as well as World Bank Safeguard Policies.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

6

In case of Level 2 activities, the ESMF proposes that a Limited Environmental and Social

Appraisal (LESA) be undertaken. The LESA could be done internally by the Engineer or

outsourced to an external expert. Whatever the route taken, the LESA is expected to analyze

the risks as well as alternative intervention scenarios to arrive at a feasible mitigation plan.

Again, as in the earlier case, the concerned authority has to ensure that these mitigation

measures are included and integrated with the overall activity proposal and the associated

cost figures are suitably updated to reflect the additional cost, if any, of implementing the

mitigation measures.

Once the mitigation measures are built into the activity plan, the project can be sent for

further stages of approval as per the standard existing process described in later sections. At

every stage, the ESMF related mitigation plan will be separately discussed and approved.

In case the proposed activity does not match any of the activities listed under Level 1 as well

as Level 2 of the Control List, it can be forwarded directly to the next step of approval

because, in such cases, no E&S clearance or subsequent compliance verification is necessary.

Therefore, in effect, the ESMF linked screening and approval requirements in case of activities

to which the Control list does not apply, are bypassed and further processing of these

proposals as well as implementation can take place as per normal routine without further ESMF

related obligations or requirement.

555...222...111...222 VVVeeerrriiifffiiicccaaatttiiiooonnn aaattt BBBllloooccckkk LLLeeevvveeelll

Once the DPR is prepared by the Working Group, it is forwarded to the concerned Block Level

Officer (Assistant Executive Engineer/Assistant Director of Panchayats/Deputy Director of

Education/District Medical Officer/Community Development Program Officer, as the case may

be) for vetting of the technical aspects such as compliance to procedures/norms lay down by

Government, technical feasibility, financial viability, etc. If the Block Level officer takes a

view that the proposal requires further modifications, it can send it back to the Working Group

/ Implementing Officer for revision.

The ESMF related function of reviewing the validity of the E&S screening and appropriateness

of the mitigation measures included in the proposal has been added to the Block Level

Officer’s list of responsibilities, considering that this fits in well with its prevalent function. In

this case also, the Block Level Officers will provide guidance, support and facilitation to the

project implementation.

In case the Block Level Officers feels that the mitigation plan needs to be revised, they could

refer it back to the Working Group for appropriate action. Once the DPR is cleared by the

Block Level Officers, it is sent to the DPC for final approval.

555...222...111...333 AAApppppprrrooovvvaaalll bbbyyy DDDPPPCCC

Subsequent to clearance by the Block Level Officer, as per standard procedure, the proposal is

forwarded to the District Planning Committee for final approval. DPC reviews the DPRs and

comments/recommendations/suggestions of Block Level Officers before due consideration and

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

7

approval. It is envisioned that the DPC’s approval will also encompass the E&S Clearance,

which will be nested in its overall approval of the project. Subsequent to DPC approval of the

project, the DPR is sent again to the GP. The approved subprojects are

tendered/implemented (as applicable) by the Implementation Officers in the respective SWGs.

For engineering works, Technical Sanction will be issued by Block Engineers before

implementation.

555...222...111...444 CCCooommmpppllliiiaaannnccceee vvveeerrriiifffiiicccaaatttiiiooonnn

Once work execution of the project starts, it is the Implementation Officers responsibility to

ensure that the work plan is properly implemented. It is strongly recommended that the

respective Implementation Officers should undertake interim review of the ESMF related

mitigation measures while work is in progress and provide appropriate guidance should any be

required. Further, before release of the final installment, it is recommended that the Block

Level Officer should verify and submit a report confirming the correct implementation of all

recommended mitigation measures. The Implementation Officer should release final

installment of payment duly verifying compliance to all recommended mitigation measures.

The Implementation Officer is free to make use of the Block Level Officer for any guidance,

facilitation or support that may be required during the compliance verification process.

Proforma C provided in the E&S Compliance Toolkit (see section 5.2.3) is to be attached to the

project file / DPR and used for recording E&S Clearance and Compliance.

555...222...222 EEE&&&SSS CCCllleeeaaarrraaannnccceee aaannnddd CCCooommmpppllliiiaaannnccceee PPPrrroooccceeeddduuurrreeesss fffooorrr MMMuuunnniiiccciiipppaaallliiitttiiieeesss

There is a difference between the organizational structure of GPs and Municipalities. Even

though the approval procedures are principally the same, there is a variation in the approval

authorities and stages. In the normal course, subproject ideas are taken up by the Sectoral

Working Groups (SWGs) (in the local body) from the activities already listed in the 5 year

Development Report3 for the respective Municipality. The Municipality has a number of

Working Groups, each of which is in-charge of a specific LSG function such as sanitation, roads,

Buildings, agriculture, water works, poverty reduction, etc. Following is the procedure:

• The proposals taken up by the SWGs are submitted to the Ward Sabha for prioritization

of works/activities.

• Upon prioritization by the Ward Sabhas, the respective Working Group prepares the

draft subproject plans and submits to the respective Municipal Council

• The Municipal Council discloses and discusses these proposals in a Development Seminar

participated by experts, professionals, representatives of Ward Sabha and local people.

3 Every 5 year a special consultation process for needs assessments at the ward levels are conducted and respective ward requirements are consolidated and tabled in the Gram Panchayat Committte for concurrence and incorporation in the Development Report for the respective Panchayat/Local Body. *From 12th Plan onwards, Technical Advisory Group (TAG) has been dispensed with and the responsibility of giving the Technical Sanction and was assigned to the Officer in the next higher tier in the concerned sector.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

8

Based on discussions, feedback and after incorporating recommendations, a final

subproject plan is arrived at, discussed and disclosed in the Development Seminar

• Subsequently, the respective Municipal Standing Committees and Municipal Council

concurs with the final subproject plan.

• Thereafter, the technical staff of the respective Working Groups prepares the Detailed

Project Reports (DPRs) through the Municipal Implementing Officers (Municipal

Engineer/Secretary/Headmaster or Principal/Medical Officer/ICDS Supervisor, as the

case may be) and other technical staff

• The DPRs are submitted to the Officer in the next higher tier (Assistant Executive

Engineer / Executive Engineer / Superintendent Engineer located at the District

level/Chief Engineer, as the case may be) for vetting the subproject proposals

pertaining to compliance to procedures/norms laid down by Government, technical

feasibility, financial viability, etc.

• Higher Tier Officer upon vetting the proposals submits it to District Planning Committee

(DPC) for the latter’s approval of subproject and annual plan for the respective

Municipality.

• Upon receipt of DPC approval by Municipality, technical sanction for engineering works

will be accorded by Municipal Engineer, while others will proceed for implementation.

• The implementation of subprojects will be carried out by the Implementation Officers

who is also the convener of the Working Groups.

• The day-to-day monitoring of implementation is carried out by the members of the

SWGs.

It is at the DPR preparation stage that the procedure of E&S Clearance will come into play.

This would be done by screening of the proposed activities for environmental and social

implications as described in section 1.2.1.1. Since the sectoral Working Group Members and

Engineers/officers in the SWGs will be preparing the Subproject plan and DPRs, it is best if the

E&S screening and mitigation planning is also done by them. In spite of this, it is important for

the Municipal Council members, Block Level Supervisory Officers and District Planning

Committee members to be familiar with the entire screening process so that they understand

the environmental and budgetary implications.

As in the case of GPs, in case of Municipalities also, care has been taken to adhere as closely

as possible to the existing processes and procedures and integrating the E&S Clearance within

the same. In this section we discuss the equivalent E&S Clearance and Compliance Procedures

for Municipalities. A diagrammatic representation of the same is given in figure 1.2. The

sections below describe the procedures for the first step in grant of E&S Clearance, viz., E&S

screening and mitigation planning.

555...222...222...111 SSScccrrreeeeeennniiinnnggg fffooorrr EEE&&&SSS iiimmmpppllliiicccaaatttiiiooonnnsss (((MMMuuunnniiiccciiipppaaallliiitttiiieeesss)))

The procedure for E&S screening and mitigation planning is the very same as proposed for

Grama Panchayats including screening tools used: the Regulatory and Control Lists, mitigation

guidelines or LESA procedures. In subsequent sections, we discuss the steps leading to grant of

E&S Clearance in case of municipalities.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

9

555...222...222...222 VVVeeerrriiifffiiicccaaatttiiiooonnn aaattt HHHiiiggghhheeerrr LLLeeevvveeelll

Once the subproject plan or proposal is cleared by the Municipal Council, it is forwarded to the

Higher Tier Officers (Assistant Executive Engineer / Executive Engineer / Superintendent

Engineer located at the District level/Chief Engineer, as the case may be) for vetting of the

subproject proposals pertaining to compliance to procedures/norms laid down by Government,

technical feasibility, financial viability, etc.

The ESMF related function of reviewing the validity of the E&S screening and appropriateness

of the mitigation measures included in the proposal has been added to the Higher Tier

Officer’s list of responsibilities, considering that this fits in well with its prevalent function. In

this case also, the Higher Tier Officer will provide guidance, support and facilitation to the

Implementing Officers in these matters.

555...222...222...333 AAApppppprrrooovvvaaalll bbbyyy MMMuuunnniiiccciiipppaaalll CCCooouuunnnccciiilll

During the approval process of subproject proposals, if the Municipality at any stage feels that

the subproject plan or DPRs or portions therein are deficient in some ways or need to be

improved, or if the budget is higher than the amount sanctioned while granting ‘in principle’

approval, it may send them back to the Working Group / Engineer for revision. Alternatively, it

may undertake steps to revise the sanctioned amount. The approval of the Municipal Council is

usually given from the utility and financial angle. Technical aspects of the proposal are

normally examined by the Higher Tier Officers.

555...222...222...444 AAApppppprrrooovvvaaalll bbbyyy DDDPPPCCC

Subsequent to clearance by the Higher Tier Officers, as per standard procedure, the proposal

is forwarded to the District Planning Committee for final approval. DPC reviews the DPRs and

comments/recommendations/suggestions of Higher Tier Officers before the DPRs are discussed

and approved. It is envisioned that the DPC’s approval will also encompass the E&S Clearance,

which will be nested in its overall approval of the project. Subsequent to DPC approval of the

project, the DPR is sent again to the Municipality. The approved subprojects are

tendered/implemented (as applicable) by the Implementation Officers in the respective SWGs.

For engineering works, Technical Sanction will be issued by Higher Tier Officers before

implementation.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

10

Figure 1.2: Environmental and Social Clearance and Compliance Verification Procedure for Municipalities

E&S Clearance and Compliance Verification Procedure for Municipalities

Project ideas from approved and disclosed Final Sub-project Plan obtained from Municipal

Committee

WORKING GROUP Prepares DPR and undertakes ESMF screening with

help of Municipal Implementing Department

Referred to Municipal Committee for

forwarding to Implementing Officer

No

Yes

Has any permission / sanction been

accorded that enables this regulatory list

entry to be taken up for implementation?

Yes

Level 1 activity

Revise DPR incorporating

mitigation plan from given mitigation guidelines and revising cost if

required

Revise DPR by conducting LESA#,

incorporating suggested mitigation plan and revising cost

if applicable

Yes

Level 2 activity

Municipal Implementing

Officer - Prepares DPR - Implements work

after DPC approval

No

Yes

� NOT

APPROVED

No

Higher Level Clearance

Examination of DPR by sub-group for

accuracy and acceptability of mitigation plan

DPC** Approval

Yes

PROJECT DEFERRED OR DPR SENT BACK

FOR REVISION

APPROVED

REGULATORY LIST SCREENING

Does any part of the Regulatory list apply the

proposed activity?

PROJECT PROPOSAL / DPR

No

No

DPR READY

CONTROL LIST SCREENING This list has two parts:

Level 1: low impact Level 2 medium impact

Does any entry in one of these lists apply to the proposed

activity?

DPR PREPARATION BY IMPLEMENTING OFFICER

Interim compliance verification during works execution, wherever applicable

ESMF compliance filing by works contractor on completion of works

execution

COMPLIANCE VERIFICATION

Only for activities requiring Mitigation Plans as per ESMF

Verification of ESMF compliance by Municipal Implementing Officer and

Chairman, Monitoring Committee before approval of final installment of payment to

works contractor.

ESMF COMPLIANCE VERIFICATION BY IMPLEMENTATION OFFICER WITH FACILITATION FROM HIGHER TIER OFFICER

Higher Tier Officer Facilitates ESMF at all stages

ESMF SCREENING DURING DPR PREPARATION WORK

** DPC: District Planning Committee # LESA: Limited Environmental and

Social Appraisal

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

11

555...222...222...555 CCCooommmpppllliiiaaannnccceee vvveeerrriiifffiiicccaaatttiiiooonnn

Once work execution of the project starts, it is the Municipal Engineer’s responsibility to

ensure that the work plan is properly implemented. It is strongly recommended that the

respective Implementation Officers should undertake interim review of the ESMF related

mitigation measures while work is in progress and provide appropriate guidance should any be

required. Further, the approving authority should release of the final installment, only after

verifying the correct implementation of all recommended mitigation measures. Wherever

necessary, the Higher Tier Engineer will be available for support, guidance and facilitation.

Proforma D provided in the E&S Compliance Toolkit (see section 1.2.3) is to be attached to the

project file / DPR in Municipalities and used for recording E&S Clearance and Compliance.

555...222...333 EEE&&&SSS CCCllleeeaaarrraaannnccceee TTToooooolllkkkiiittt

Given below are the screening tools and guidelines developed for use of concerned LSG

functionaries / officials for according E&S Clearance to proposed activities and subsequently

verifying compliance. They comprise the E&S Toolkit for use of those concerned. The contents

include:

1. The Regulatory List Screening Tool (Proforma A)

2. The Control List Screening Tool (Proforma B)

3. E&S Clearance and Compliance Format for GPs (Proforma C)

4. E&S Clearance and Compliance Format for Municipalities (Proforma D)

5. E&S Mitigation Guidelines for Level-1 activities (Proforma E)

6. Format for Conduction of LESA for Level-2 activities (Proforma F)

7. E&S Mitigation Guidelines for Level-2 activities (Proforma G)

8. Social Screening Compliance Format for Subprojects involving Land Acquisition

(Proforma H)

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

12

Proforma A- Regulatory List

List of Prohibited activities under various regulations

Involuntary land acquisition

� Activities involving involuntary land acquisition (The Kerala Land Acquisition Act, 2013)

Child Labour

� Activities involving use of child labour (The Child Labour (Prohibition and Regulation)

Act, 1986)

CRZ areas

� Activities involving discharge of untreated wastes and effluents

� Activities involving harvesting or drawal of ground water in the CRZ using mechanical

pumps unless when done manually through ordinary wells for drinking water or

domestic purposes only. These activities should be in compliance with the Coastal

Management Plan and Costal Zone Regulation procedures as applicable (Coastal

Regulation Zone Notification, 2011)

� Activities involving land reclamation, bunding or disturbing the natural course of sea

water except those required for control of coastal erosion and maintenance or clearing

of water ways, channels or for prevention of sandbars or for tidal regulators, storm

water drains or for structures for prevention of salinity ingress and sweet water

recharge

� Activities involving mining of sands, rocks and other substrata materials

� Any construction activity between the Low Tide Line and High Tide Line in the CRZ-I

and III without permission from the Kerala State Coastal Zone Management Authority.4

Forests, Natural Habitats and Trees

� Activities likely to cause significant damage to forests, mangroves, nesting grounds or

any other kind of identified / designated natural habitat.

� Activities in forest areas and inside designated Protected Areas (e.g. National Parks,

Wild Life Sanctuaries, Tiger Reserves, etc. without permission from the Forest

Department.

� Any activity that involves extraction of timber or any non-timber forest produce from a

forest area or its transport without permission from the Forest Department, except in

4 CRZ I: Includes (i) Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests,

wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historically/heritage areas, areas rich in genetic diversity (ii) Area between Low Tide Line and the high Tide Line;

CRZ II: includes areas that have been already developed upto or close to shoreline

CRZ III: Areas that are relatively undisturbed and include coastal zone in the rural areas (developed and undeveloped).

CRZ IV: Includes coastal stretches in the Anadaman and Nicobar, Lakshadweep and small islands except those designated as CRZ I, II or III.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

13

accordance with the provisions of the Scheduled Tribes and other Traditional Forest

Dwellers (Recognition of Forest Rights) Act, 2006.

� Any activity that involves cutting of grass or grazing of livestock in a forest area without

permission from the Forest Department (except in accordance with the provisions of

the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest

Rights) Act, 2006).

� Any activity that involves cutting of any tree or trees except in accordance with the

provisions of the Kerala Preservation Of Trees Act (1986)

� Activities involving destruction / exploitation of any kind of wildlife.

Physical and cultural resources

� Activities likely to cause damage to objects, sites, structures, groups of structures, and

natural features and landscapes that have archaeological, paleontological, historical,

architectural, religious, aesthetic, or other cultural significance

� Any subproject involving construction adjacent to historical monuments, railways,

highways etc. infringing the distance prescribed by the Town Planning Department of

Government of Kerala

Air, land and water resources

� Activities pertaining to construction of any reservoir or anicut or weir or any other

permanent structure in or across any water course for the purpose of diverting water

� Activities involving abstraction of water from a water course by a mechanical device of

high horse power/capacity. Abstraction and pumping should be restricted to the safe

yield of the source of water as per the certification of the Ground Water Department.

� Activities connected with quarrying of sand in any area in a water course within a

distance of five hundred metres from any dam, check dam, reservoir or any other

structure or construction on or across such watercourse, owned or controlled or

maintained by Government for the purpose of irrigation

� Digging of a tube-well or well from which water is extracted without permission of the

State Ground Water Authority in notified areas or in areas classified as Critical / Over

Exploited Zones

� Any activity involving promotion, use, storage and distribution of pesticides, weedicides

and such others that are banned by the Government of India, Government of Kerala or

are included in classes Ia, Ib and II of the WHO classification (Refer to Annexure IX on

WHO classification of pesticides)

� Any industrial and mining activity without obtaining necessary permits (compliance with

siting restrictions, Consent to Establish, Consent to Operate) from the Kerala State

Pollution Control Board

� Any activity involving conversion or reclamation of paddy land or wetland

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

14

� Any activity involving discharge of effluent or water into public places or water bodies

without permission from the State Pollution Control Board

� Any construction activity involving locating of the leach pit, soak pit, earth closet or

septic tank as per the existing guidelines of Kerala Municipal Building Rule (KMBR) &

Kerala Panchayat Building Rule (KPBR)

� Any activity involving littering and burning of Municipal Solid Waste in cities, towns and

in urban areas

� Activities involving new drinking water supply without testing of water quality to ensure

that it is safe for human consumption and effective water treatment measures

� Activities involving pollution of the air from any industrial activity without consent from

the State Pollution Control Board

� Activities involving mining & quarrying not in accordance with the existing clearance

procedures.

� Construction activities in the ecologically sensitive areas as notified by the Government

� Construction of activities in the surveyed lands earmarked by the Government for any

other development activities.

The list of protected forests, such as biosphere reserve, National parks, wildlife sanctuaries,

tiger reserves, reserve forests etc are given in Annexure X. The maps depicting CRZ 1 areas are

given in the document ‘Coastal Zone Management Plan for Kerala’ approved by the Ministry of

Environment & Forest, Government of India and published by the Kerala State Council for

Science, Technology & Environment (KSCSTE), who is also the Kerala Coastal Zone Management

Authority (KCZMA). This document is made available to all the coastal Panchayats,

Municipalities and City Corporations. The list of banned pesticides and insecticides are given in

Annexure IX. The endogenous people involve the scheduled tribe settlements.

In the Notification on Coastal Regulation Zone, CRZ-I includes (i) Areas that are ecologically

sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests,

wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds

of fish and other marine life, areas of outstanding natural beauty/historically/heritage areas,

areas rich in genetic diversity (ii) Area between Low Tide Line and the high Tide Line; CRZ III:

Areas that are relatively undisturbed and include coastal zone in the rural areas (developed

and undeveloped).

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

15

Proforma B- Control list*

(Tick One Box)

Level-1 (Low Impact) Activities Level-2 (Medium Impact) Activities

� Buildings - Repair, Maintenance and

Furnishings � Buildings - New Construction and Expansion

� Roads / Bridges / Culverts - Repair and

Maintenance � Roads/Bridges/Culverts - New Construction

� Waiting Sheds, Parking Yards, Bathing Ghats -

Construction, Operation and Maintenance �

Sanitation & Waste Management :

Collection and Management of Solid &

Liquid Waste, Electronic Waste, and

Biomedical Waste

Public Markets, Crematoriums, Burial

Grounds, Public Toilets, Slaughter Houses,

Waste Management Installations, Stadiums,

Play grounds, Swimming Pools - Operation,

Maintenance and Repair

Public Markets, Crematoriums, Burial

Grounds, Public Toilets, Slaughter Houses,

Stadiums, Play grounds, Swimming Pools -

Construction and Expansion

� Micro Irrigation - Construction and

Maintenance, Check Dams – Construction and

Maintenance, Minor Irrigation - Maintenance

� Minor Irrigation - Construction and

Expansion

� Drinking Water Supply - Operation,

Maintenance and Repair �

Drinking Water Supply - Construction and

Expansion

� Storm Water Drains - Repair and Maintenance � Storm Water Drains - Construction

� Agriculture / Horticulture / Social Forestry -

Management and extension �

Animal Husbandry & Dairy Farming -

Construction & Expansion of facilities

� Meat & Fish Production and Marketing -

Repair and Maintenance of facilities �

Meat & Fish production and Marketing -

Construction and Expansion of facilities

� Ponds/Tanks/Wells/ Canals - Cleaning and

Desilting � Ponds/Tanks/Wells/ Canals – Construction

� Ferries - Operation and Maintenance � Tiny and Small Industries - Establishment

and Expansion

� Electrical & Electronic items - Purchase,

Installation, Operation and Maintenance � Mining & Quarrying

� Pisci-culture - Development and Extension

� Fairs and Festivals - Organization and

Management

*Note: If any of the above activities irrespective of the level they are classified under, involve Land acquisition, it should be done only as per process described in the note entitled “Land acquisition process requirements”. This note has been provided at the end of Proforma E: Mitigation Guidelines as well as in the “Notes” section of Proforma F: the LESA format. Further, both the above proformas also contain a short section on “Guiding Principles for maximizing benefits to Vulnerable Groups”. LSGs are encouraged to examine the project idea closely to see if these features can be suitably built into the same in order to enhance its benefits to vulnerable groups.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

16

Proforma C E&S Clearance and Compliance Format for GPs

1. Does any item in the Regulatory list apply to the proposed activity? �Yes �No

2. If yes, have necessary permissions been obtained? �Yes �No � NA

3. Does any item in Level 1 of Control List apply? �Yes �No

4. Does any item in Level 2 of Control List apply? �Yes �No

MITIGATION PLAN

Likely Environmental and Social Risks Mitigation Measures to be adopted

Additional cost on account of mitigation measures added to overall project cost, if any:

Note: Use Environmental Mitigation Guidelines (Proforma E) in case of Level-1 activities or LESA report (Proforma F) in case of

Level-2 activities to fill in the above section. Write N/A if answers to questions 2 and 3 are ‘No’

Filed by: Implementing Officer (Signature)

Working Group Chairman (Signature)

APPROVALS

� Cleared � Not cleared Chairperson, GP Committee (Signature & Comments)

� Cleared � Not cleared Block Level Officer in the next higher tier (Signature & Comments)

� Cleared � Not cleared Chairperson DPC (Signature & Comments)

COMPLIANCE VERIFICATION

Verified that all mitigation measures proposed have been � implemented / � not implemented as per

the mitigation plan mentioned above.

Additional comments, if any:

Signatures: GP Implementing Officer Chairman, Monitoring Committee Block Level Officer

Village: GP: Taluk: District: Title of Proposed Activity:

Proposed date of commencement of work:

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

17

Proforma D

E&S Clearance and Compliance Format for Municipalities

1. Does any item in the Regulatory list apply to the proposed activity? �Yes �No

2. If yes, have necessary permissions been obtained? �Yes �No � NA

3. Does any item in Level 1 of Control List apply? �Yes �No

4. Does any item in Level 2 of Control List apply? �Yes �No

MITIGATION PLAN

Likely Environmental and Social Risks Mitigation Measures to be adopted

Additional cost on account of mitigation measures added to overall project cost, if any:

Note: Use Environmental Mitigation Guidelines (Proforma E) in case of Level-1 activities or LESA report (Proforma F) in case of

Level-2 activities to fill in the above section. Write N/A if answers to questions 2 and 3 are ‘No’

Filed by: Implementing Officer (Signature)

Ward Committee Chairman (Signature)

APPROVALS

� Cleared � Not cleared Chairperson, Standing Committee (Signature & Comments)

� Cleared � Not cleared Block Level Officer (Signature & Comments)

� Cleared � Not cleared Chairperson, Municipal Council (Signature & Comments)

� Cleared � Not cleared Chairperson DPC (Signature & Comments)

COMPLIANCE VERIFICATION

Verified that all mitigation measures proposed have been � implemented / � not implemented as per

the mitigation plan mentioned above.

Additional comments, if any:

Signatures: MN Implementing Officer Chairman, Monitoring Committee Block Level Officer

Village: MN: Taluk: District: Title of Proposed Activity: Proposed date of commencement of work:

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

18

Proforma E

E&S Mitigation Guidelines for Level-1 activities

Buildings- Repair, Maintenance and Furnishings Adverse Impact Mitigation Guidelines / Best Practices

Natural resource depletion • Optimize use of construction material • To the extent possible, minimize the use of wood • Adhere to the regulatory list during selection of water source for construction. • Use eco-friendly construction material, such as fly-ash bricks, bamboo reinforcement etc.

to the extent possible. • Use efficient technology for internal systems such as lighting, cooling/space heating,

cooking, refrigeration, etc. Waste generation • Plan and adopt solid and liquid waste management system including re-use of relevant

waste material, wherever possible. Safety of the Workers • Ensure the use of appropriate safety gadgets

• Ensure the availability of the first aids

Roads / Bridges /Culverts – Repair & Maintenance

Adverse Impact Mitigation Guidelines / Best Practices Natural resource depletion • Optimize use of construction material

• Do not use soil from agricultural lands for construction • Adhere to the regulatory list during selection of water source for construction.

Waste generation • Plan and adopt solid and liquid waste management system including re-use of relevant waste material, wherever possible (Example: Use of waste plastic materials along with Bitumen for the road tarring)

Fugitive Emissions (dust, particulate matter, smoke and fumes)

• Sprinkling of water during construction • Ensure timely maintenance of machineries

Disruption in services/ Utilities

• Advanced planning with concerned Department / Authority and obtain sanctions / NOC for uninterrupted supply of services (traffic, water, electricity, cable etc.)

Break or interference in natural drainage & water logging

• Adopt alternative / by-pass systems to maintain natural flow • Ensure proper covering for the drains to avoid accidents and waste dumping • Have the plan approved by a qualified civil engineer

Safety of the Residents & Workers

• Maintain adequate and appropriate sign boards • Ensure the use of appropriate safety gadgets • Ensure the availability of the first aids

Waiting Sheds, Parking Yards, Bathing Ghats: Construction, Operation and Maintenance

Adverse Impact Mitigation Guidelines / Best Practices Loss of land, congestion & loss of open space

• Optimize land use through appropriate design and plan • Seek clearance on design and plan by qualified civil engineer • Obtain permission from concerned authorities at the time of project formulation itself

Depletion of natural resources

• Optimize use of construction material • To the extent possible, minimize the use of wood • Do not use soil from agricultural lands for construction • Adhere to the regulatory list during selection of water source for construction. • Use eco-friendly construction material, such as fly-ash bricks and bamboo reinforcement,

if possible. Littering & poor aesthetics • Placement of waste bins and display boards

• Ensure timely and regular collection and appropriate disposal of waste • Develop green-belt using local species of plants & trees

Solid waste generation • Ensure appropriate collection, segregation and management of solid waste Water stagnation • Ensure adequate provision of drainage duly maintained on a periodic basis. Contamination of water bodies

• Prevent discharge of waste water into water bodies. • Ensure separate spaces for cleaning vehicles, livestock etc. if the bathing ghat is used for

such purposes also • Obtain necessary permits from competent authorities wherever applicable.

Nuisance to residential houses

• Maintain distance norms, comply with noise pollution regulations and ensure social safeguards

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

19

Tree felling • Obtain permit for tree felling from the State Forest Department and include compensatory planting with at least twice the number of trees felled as a component in the construction plan

Public Markets, Crematoriums, Burial Grounds, Public Toilets, Slaughter Houses, Waste Management Installations, Stadiums, Play Grounds, Swimming Pools: Repair and Maintenance

Adverse Impact Mitigation Guidelines / Best Practices Accumulation of domestic waste • Facilitate segregation, storage and management Inadequacy of toilet facilities & maintenance

• Ensure sufficient number of toilets, adequate water supply

Water stagnation & unhygienic premises

• Plan and implement proper drainage facilities, soak pits and periodic cleaning • Ensure proper hygiene and water treatment mechanisms for the swimming pools

Depletion of natural resources • Optimize use of construction material • To the extent possible, minimize the use of wood • Do not use soil from agricultural lands for construction • Adhere to the regulatory list during selection of water source for construction. • Use eco-friendly construction material, such as fly-ash bricks and bamboo

reinforcement, if possible. • Use efficient technology for internal systems such as lighting.

Littering & poor aesthetics • Placement of waste bins and display boards • Ensure timely and regular collection and appropriate disposal

Solid waste generation • Ensure collection, segregation, management and appropriate disposal of solid waste

Contamination of water bodies • Prevent discharge of waste water into water bodies without adequate treatment. • Obtain necessary permits from competent authorities wherever applicable.

Fugitive emission • Develop green-belt using local species of plants & trees • Ensure timely maintenance of machineries

Socio-economic impacts • Maintain distance norms, comply with noise pollution regulations to avoid nuisance to residential houses

• Proper awareness on the general and specific social safeguard and hygiene measures for both genders, in the case of swimming pool projects

Micro-irrigation: Construction and Maintenance & Ma intenance of Minor irrigation Projects:

Adverse Impact Mitigation Guidelines / Best Practices Break in natural drainage Adopt alternative / by-pass systems to maintain natural flow

• Have the plan approved by a qualified civil engineer Super saturation of soil, reduced aeration & poor operational efficiency

• Provide for appropriate regulation of water distribution, preferably through Participatory Irrigation Management

Poor upkeep, siltation and water stagnation

• Ensure periodic maintenance and desiltation

Natural Resource depletion • Comply with applicable regulations and norms, obtain necessary permits and control natural resource extraction and supply domains

Drinking Water Supply : Operation, Maintenance & Repair:

Adverse Impact Mitigation Guidelines / Best Practices Water source depletion • Comply with applicable regulations and norms, obtain necessary permits and

control natural resource extraction and supply domains • Regulate abstraction of water using pumps within the safe yield of the source

Community conflicts • Consensus building Water quality deterioration • Periodical monitoring of water

• Adoption of corrective measures to ensure water quality

Storm Water Drains: Maintenance & Repair

Adverse Impact Mitigation Guidelines / Best Practices Poor upkeep, siltation, water stagnation & unhygienic premises

• Plan and implement proper drainage facilities, soak pits • Ensure periodic maintenance and desiltation

Natural Resource depletion • Comply with applicable regulations and norms, obtain necessary permits and control natural resource extraction and supply domains

Community conflicts • Consensus building

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

20

Accumulation of de-silted material

• Segregation of materials and appropriate reuse

Contamination of water bodies • Prevent discharge of waste water into water bodies without adequate treatment. • Obtain necessary permits from competent authorities wherever applicable. • Provide necessary silt traps to prevent clogging

Agriculture/Horticulture/Social Forestry: management and extension Adverse Impact Mitigation Guidelines / Best Practices

Soil erosion and soil quality deterioration

• Ensure soil conservation measures and use of organic soil nutrients/manures

Loss/reduction of species • Ensure species diversity and prevent introduction of alien species Indiscriminate use of water • Promote group farming and participatory irrigation Sale and use of banned/non permitted pesticides

• Adhere to the regulatory list of use of banned pesticides (WHO Class 1a, 1b and II)

Unsafe handling of pesticides • Maintain proper storage facilities for pesticides • Stock and promote sale of safety gadgets to be used while handling pesticides

Ecosystem imbalance due to spread of invasive alien crops & improper pest management

• Promote only locally adaptable species & integrated pest management practices • Provide soil testing, fertilizer recommendation, pesticide safety services to member

farmers • Do not use fertilizers without ISI mark certification

Meat & Fish Production and Marketing : Repair & Mai ntenance of facilities

Adverse Impact Mitigation Guidelines / Best Practices Natural resource depletion • Optimize use of construction material

• To the extent possible, minimize the use of wood • Adhere to the regulatory list during selection of water source for construction. • Use eco-friendly construction material, such as fly-ash bricks, bamboo reinforcement etc.

to the extent possible. • Use efficient technology for internal systems such as lighting, cooling/space heating,

cooking, refrigeration, etc. Waste generation • Plan and adopt solid and liquid waste disposal system including re-use of relevant waste

material, wherever possible. Water quality deterioration • Periodical monitoring of water bodies

• Adoption of corrective measures to ensure water quality

Ponds/Tanks/Wells/Canals: Cleaning and De-silting,

Adverse Impact Mitigation Guidelines / Best Practices Loss/wastage of land • Selection of the most appropriate location with respect to the watershed

• Prepare detailed lay-out plan for main and subsidiary activities Land clearance • Confine the clearance according to the lay-out plan

• Amend the lay-out plan, if necessary, to protect critical trees and landforms Tree felling • Obtain permit for tree felling, as per rule

• Include compensatory planting with at least twice the number of trees felled as a component in the construction plan

Loss of top-soil • Collect, conserve and re-use appropriately on barren / wastelands Bank failure/caving in • Reinforcement / protection of side walls Accumulation of excavated material

• Collect and re-use appropriately

Community conflicts • Consensus building Resource Depletion • Ensure water recharge measures periodically

Ferries: Operation and Maintenance

Adverse Impact Mitigation Guidelines / Best Practices Littering & pollution of water bodies

• Awareness building and regulation of the use of mechanized boats

Risk of accidents • Enforce traffic regulation & ensure compliance of preventive measures for safety of humans and goods.

Electrical & Electronic Goods: Purchase, Operation & Maintenance

Adverse Impact Mitigation Guidelines / Best Practices

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

21

Possibility of Risk • Ensure the procurement of items with BIS certification • Engage Licensed persons for installation/wiring • Place proper warning sign boards • Adopt guidelines of electrical inspectorate wherever applicable • Ensure AMC for goods and services

Possibility of accidents • Ensure availability of First-aid,Maintain work site clean and tidy • Ensure proper installation of fire-fighting measures in the building, • Train staffs to use fire extinguishers. • Regular checking of fire extinguishers for working condition and expiry date.

E-waste accumulation • Adopt Government policy and practices for the proper management of the e-waste.

Pisci-culture: Construction, Operation & Maintenance of facilities Adverse Impact Mitigation Guidelines / Best Practices

Loss of land, congestion & loss of open space

• Optimize land use through appropriate design and plan

Depletion of natural resources • Optimize use of construction material • Use eco-friendly construction materials

Contamination of water bodies • Prevent discharge of waste water into water bodies. • Conduct periodical water quality monitoring and adopt corrective and precautionary

measures Conflict of interest • Consensus building

Fairs and Festivals: Organization and Management Adverse Impact Mitigation Guidelines / Best Practices

Littering & waste accumulation • Placement of appropriate and adequate waste bins • Cleaning and removal of waste

Deterioration of hygiene • Ensure provision of adequate numbers of toilets and regular cleaning Ensure adequate drinking water supply

Dust & noise pollution • Control dust by water sprinkling • Enforce noise level stipulations

Risks, accidents & hazards

• Ensure proper lighting,Maintenance of exit routes and placement of exit-display boards • Publicize emergency preparedness plans • Ensure fire extinguishers and first aid provisions • Enforce regulatory stipulations during fireworks and pageants involving animals

The mitigation measures evolved for potential environmental impacts, risks and accidents shall be incorporated into

the Project proposal by the Working Group with the help of the LSG Engineer / Implementing Officer.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

22

Proforma F Format for execution of Limited Environmental and Social Assessment (LESA)

for Level-2 activities

Name of the Project In Malayalam:

In English:

Project Code

Municipality / GP Name: District:

Location of the Project Place Name Ward No…….

Outlay & Duration Outlay-Rs. Duration: ................... Months

Evaluation of the Project

Objectives Components Resource requirements Technology

Project activities critical to environment 12

1 2

Mitigation measures inherent in the project, if any

12

1 2

Environmental Impact Scenario (Tick (√) in boxes if applicable)

IMPACTS ON AIR

√ Mitigation proposed Cost

� Dust and particulate matter in the air

� Smoke and fumes

� Erosion of land due to air velocity

IMPACTS ON WATER � Increased siltation in water bodies

� Reduced availability of water

� Erosion of soil/ land due to run off

� Depletion of groundwater

� Depletion of water in surface water bodies

� Reduction on groundwater recharge capacity

� Discharge solid and liquid waste or other pollutants into water bodies

IMPACTS ON LAND

� Disfiguration of landscape due to land modification or soil erosion

� Disruption in services/ Utilities

� Break or interference in natural drainage

� Interference with existing drainage pathways leading to water logging

� Dumping of waste or littering in open areas

� Solid or liquid waste discharge

� Loss of open space

� Loss of top soil and soil quality deterioration

IMPACTS ON HEALTH AND SAFETY

� Accumulation of domestic waste

� Accumulation of bio-medical waste

� Inadequate maintenance of public toilet facilities

� Risk of accidents and hazards

� Hazard of vector borne diseases

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

23

� Hazard of communicable diseases

� Absence or inadequate use of occupational safety equipment

� Fugitive Emissions

IMPACTS ON BIO-DIVERSITY

� Tree Felling

� Threat to endangered or endemic species

� Obstruction to path of migratory bird species

� Obstruction to natural foraging pathway of any wild animal species

� Obstruction or damage to natural breeding or roosting sites of any wild species

� Threat from invasive alien species

� Threat from pests or improper pest management

IMPACTS ON COMMUNITY AND SOCIETY

� Nuisance due to excessive noise to residential areas or schools/ hospitals

� Accumulation of bio-medical waste

� Inadequate maintenance of public toilet facilities

� Possibility of resource conflict

� Displacement of any indigenous community or vulnerable group

ANY OTHER IMPACTS NOT INDICATED ABOVE:

Analysis of Alternatives

Alternatives, if any – only if significantly more attractive

Environmental implications Environmental mitigation measures required

1 2

1 2

Overall Recommended Mitigation Plan Overall cost, if any, of implementing recommended mitigation measures

Prepared by Signature Name Designation Date

Notes on LESA: The LESA shall be carried out by the GP Engineer or by an Environmental Expert or an agency using a structured format given in Proforma F. A person or agency with experience in teaching or practicing environmental science/engineering, geology, civil engineering or such other related subjects and having a perspective of environmental effects can be engaged for carrying out the LESA. Such people or agency may be available locally or in nearby areas and the local governments may enlist them on a normative search process and engage them. Tentatively, the consultation fee shall be 0.75% of the project cost with a lower limit of Rs. 1,500/-.

The desirable Terms of Reference for conducting an LESA could be the following.

� Identification of the project activities / components that could have critical environmental and social implications � Identify the impacts of these activities on various environmental components such as land, surface and groundwater, air quality,

noise level, flora and fauna and social development and their aspects � Examine whether any in-built mitigation measures happen to be present in the project � Identify possible risks and accidents, due to project activities and suggest ways and means to preventing the same � Consider alternatives to the project, if any, especially in respect of project location and technology and compare the risks

associated with the alternatives � Suggest appropriate mitigation measures for reducing/offsetting the environmental effects of the project

Determine the cost involved for implementing mitigation measures, if any

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

24

Proforma G

E&S Mitigation Guidelines for Level-2 activities Buildings- New Construction & Expansion

Adverse Impact Mitigation Guidelines / Best Practices

Loss of land & open space • Identification and use of land for construction should be in compliance with the provisions given in the regulatory list

• Optimize land use through appropriate design and plan

• Seek clearance on design and plan by qualified civil engineer Natural resource depletion • Optimize use of construction material

• To the extent possible, minimize the use of wood

• Do not use soil from agricultural lands for construction

• Adhere to the regulatory list during selection of water source for construction.

• Use eco-friendly construction material, such as fly-ash bricks, bamboo reinforcement etc. to the extent possible.

• Use efficient technology for internal systems such as lighting, cooling/space heating, cooking, refrigeration, etc.

• Maintain and encourage biodiversity and greenery in the building premises Tree felling • Obtain permit for tree felling as per rule

• Include compensatory planting with at least twice the number of trees felled as a component in the construction plan

Waste generation • Plan and adopt solid and liquid waste disposal system including re-use of relevant waste material, wherever possible.

Roads/Bridges/Culverts: New Construction

Adverse Impact Mitigation Guidelines / Best Practices

Loss of land & open space • Identification and use of land for construction should be in compliance with the provisions given in the regulatory list

• Optimize land use through appropriate design and plan

• Proper erosion control measures are taken care of with adequate drainage plans in the engineering design

• Sufficient number of drainage structures are included in the engineering design to prevent flooding and water logging

• Seek clearance on design and plan by qualified civil engineer Natural resource depletion • Optimize use of construction material

• Do not use soil from agricultural lands for construction

• Adhere to the regulatory list during selection of water source for construction.

• Use eco-friendly construction material and recycled materials to the extent possible.

Tree felling • Obtain permit for tree felling as per rule • Include compensatory planting with at least twice the number of trees felled

as a component in the construction plan Waste generation • Plan and adopt solid and liquid waste disposal system including re-use of

relevant waste material, wherever possible.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

25

Socio-economic impacts • Ensure, proposed alignment selected is with minimum socio-economic impact

• Information dissemination and required community consultations have been undertaken.

• Alignments are adjusted to minimize impact on religious and cultural properties

• Cultural properties along the alignment have been identified and proposed to relocate prior consultation and approval of local community

• All community utilities such as stand posts, bore wells, wells, ponds, water supply lines, toilets, sewerage lines, drainage systems, optical fibre cables, electric power supply lines, transformers, irrigation pump houses, telephone and television cables have been identified for relocation.

• Costs of shifting the public utilities are included in the project cost. • Existing bus stops, if any, have been suitably relocated or integrated to the

design and bus waiting shed, parking facilities for taxi, autorikshaw and tempo designs have been provided.

• Accident prone areas in the road stretches are identified and necessary design measures like improvement of road geometry, improvement of junctions etc. are adopted to ensure road safety.

• Sign boards, street lights and pedestrian facilities are proposed for the entire stretch.

• Safety audits are undertaken and corrective measures incorporated in the engineering plan.

• Proper Environmental Awareness and Environmental Legislation Training are provided to the Contractors / Beneficiary Committee members executing the road construction.

Sanitation & Waste Management: Collection and Management of Solid & Liquid Waste, E waste, Biomedical Waste

Adverse Impact Mitigation Guidelines / Best Practices

Accumulation of bio-medical waste

• Facilitate segregation, storage, management and safe disposal

• Obtain necessary permits and install appropriate facilities such as incinerators, if required

Accumulation of domestic waste

• Facilitate segregation, storage and management • Obtain necessary permits for proper waste disposal

Inadequacy of toilet facilities & maintenance

• Ensure sufficient number of toilets, adequate water supply and effective periodic maintenance

Water stagnation & unhygienic premises

• Construction of soak pits and periodic cleaning of premises

Socio-economic impacts • Ensure, proposed collection and management of wastes is with minimum socio-economic impact

• Information dissemination and required community consultations have been undertaken.

• Safety audits are undertaken and corrective measures incorporated • Proper Environmental Awareness and Environmental Legislation Training

are provided to the waste collectors and processors.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

26

Public Markets, Crematorium, Burial Grounds, Public Toilets, Slaughter Houses, Stadiums, Play Grounds, Swimming Pools: Construction and Expansion

Adverse Impact Mitigation Guidelines / Best Practices

Loss of land & open space • Identification and use of land for construction should be in compliance with the provisions given in the regulatory list

• Optimize land use through appropriate design and plan • Seek clearance on design and plan by qualified civil engineer

Natural resource depletion • Optimize use of construction material

• To the extent possible, minimize the use of wood

• Do not use soil for construction from agricultural lands

• Adhere to the regulatory list during selection of water source for construction.

• Use eco-friendly construction material, such as fly-ash bricks, bamboo reinforcement etc. to the extent possible.

• Use efficient technology for internal systems such as lighting, cooling/space heating, cooking, refrigeration, etc.

• Maintain and encourage biodiversity and greenery in the premises Tree felling • Obtain permit for tree felling, as per rule

• Include compensatory planting with at least twice the number of trees felled as a component in the construction plan

Waste generation • Plan and adopt solid and liquid waste disposal system including re-use of relevant waste material, where possible.

Socio-economic impacts • Ensure, proposed construction is with minimum socio-economic impact • Projects like construction of Crematorium, Burial Grounds, Slaughter Houses

etc. maintain ample distances away from Schools, Early Childhood Centers, Hospitals etc.

• Information dissemination and required community consultations have been undertaken.

• Constructions are adjusted to minimize impact on religious and cultural properties

• Proper signage have been given wherever necessary Minor Irrigation: Construction and Expansion

Adverse Impact Mitigation Guidelines / Best Practices

Loss of land & open space • Identification and use of land for construction should be in compliance with the provisions given in the regulatory list

• Optimize land use through appropriate design and plan

• Seek clearance on design and plan by qualified civil engineer Break in natural drainage • Make appropriate provisions in drainage plan to compensate for the break in

natural drainage Super saturation of soil, reduced aeration & poor operational efficiency

• Provide for appropriate regulation of water distribution, preferably through Participatory Irrigation Management

Poor upkeep, siltation and water stagnation

• Ensure periodic maintenance and desiltation

Natural Resource depletion • Comply with applicable regulations and norms, obtain necessary permits and control natural resource extraction and supply domains

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

27

Drinking Water Supply: Construction and Expansion

Adverse Impact Mitigation Guidelines / Best Practices

Loss of land & open space • Identification and use of land for construction should be in compliance with the provisions given in the regulatory list

• Optimize land use through appropriate design and plan • Seek clearance on design and plan by qualified civil engineer

Natural resource depletion • Optimize use of construction material

• Do not use soil for construction from agricultural lands

• Adhere to the regulatory list during selection of water source for construction.

• Proper management of land for minimizing soil erosion, siltation and sedimentation.

Tree felling • Obtain permit for tree felling, as per rule • Include compensatory planting with at least twice the number of trees felled

as a component in the construction plan Waste generation • Plan and adopt solid and liquid waste disposal system including re-use of

relevant waste material, wherever possible. Socio-economic impacts • Ensure, proposed construction is with minimum socio-economic impact

• Information dissemination and required community consultations have been undertaken.

• Transmission lines are not creating any degradation for the adjacent lands, irrigation canals and adjacent infrastructures.

Storm Water Drains: Construction

Adverse Impact Mitigation Guidelines / Best Practices

Break in natural drainage • Make appropriate provisions in drainage plan to compensate for the break in natural drainage

• Have the plan approved by a qualified civil engineer

• Ensure, flooding and water logging problems are avoided and preventative responses are properly included in the design and construction plan

Waste Management • Control of solid waste to avoid blockages and reduction in hydraulic capacity of the drainage system.

• Proper installation of slits and sieves to segregate solid wastes from storm water running through the lines

Pollution Reduction • Reduction in the discharge of pollutants into the storm water drainage system

Socio-economic impacts • Ensure, proposed construction is with minimum socio-economic impact • Information dissemination and required community consultations have been

undertaken. • Ensure, drainage lines are not creating any degradation for the adjacent

houses, wells, lands, irrigation canals and other infrastructures. Vector control • Improved practices to reduce vector transmission of diseases related to urban

drainage and flooding Animal Husbandry & Dairy Farming: Construction and Expansion of facilities

Adverse Impact Mitigation Guidelines / Best Practices

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

28

Resource Depletion • Use farm inputs such as water and nutrients efficiently and sustainably • Identification and use of land for construction should be in compliance with

the provisions given in the regulatory list

• Optimize land use through appropriate design and plan

• Seek clearance on design and plan by qualified civil engineer • Select and use energy resources appropriately • Maintain and encourage biodiversity and greenery in the farm premises

Accumulation of domestic waste

• Proper management of dairy runoff from the farm by appropriate segregation, storage and management

• Obtain necessary permits for proper waste disposal

• Implement practices to reduce, reuse or recycle farm waste as appropriate like biogas, composting etc.

Inadequacy of facilities & maintenance for farm labourers

• Ensure sufficient number of toilets, adequate water supply and effective periodic maintenance

• Implement sustainable work practices • Manage human resources effectively, ensuring that their working conditions

comply with applicable laws and regulations • Ensure the farm working environment complies with relevant occupational

health and safety requirements Water stagnation & unhygienic premises

• Construction of soak pits and periodic cleaning of premises

Socio-economic impacts • Ensure, proposed construction is with minimum socio-economic impact • Information dissemination and required community consultations have been

undertaken. • Ensure, drainage lines are not creating any degradation for the adjacent

houses, wells, lands, irrigation canals and other infrastructures. Meat & Fish production: Construction and Expansion of facilities

Adverse Impact Mitigation Guidelines / Best Practices

Resource Depletion • Identification and use of land for construction should be in compliance with the provisions given in the regulatory list

• Optimize land use through appropriate design and plan • Seek clearance on design and plan by qualified civil engineer • Select and use energy resources appropriately • Maintain and encourage biodiversity and greenery in the farm premises

Accumulation of domestic waste

• Proper management of meat and fish production runoff from the source by appropriate segregation, storage and management

• Obtain necessary permits for proper waste disposal

• Implement practices to reduce, reuse or recycle farm waste as appropriate like biogas, composting etc.

Inadequacy of toilet facilities & maintenance for labourers

• Ensure sufficient number of toilets, adequate water supply and effective periodic maintenance

Water stagnation & unhygienic premises

• Construction of soak pits and periodic cleaning of premises

Socio-economic impacts • Ensure, proposed construction is with minimum socio-economic impact • Information dissemination and required community consultations have been

undertaken. • Ensure, drainage lines are not creating any degradation for the adjacent

houses, wells, lands, irrigation canals and other infrastructures.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

29

Ponds/Tanks/Wells/Canals - New Construction & Expansion

Adverse Impact Mitigation Guidelines / Best Practices

Loss of land & open space • Identification and use of land for construction should be in compliance with the provisions given in the regulatory list

• Optimize land use through appropriate design and plan

• Seek clearance on design and plan by qualified civil engineer Break in natural drainage • Make appropriate provisions in drainage plan to compensate for the break in

natural drainage

• Have the plan approved by a qualified civil engineer

• Ensure, flooding and water logging problems are avoided and preventative responses are properly included in the design and construction plan

Tree felling • Obtain permit for tree felling, as per rule • Include compensatory planting with at least twice the number of trees felled

as a component in the construction plan Waste generation • Plan and adopt solid and liquid waste disposal system including re-use of

relevant waste material, where possible. Socio-economic impacts • Ensure, proposed construction is with minimum socio-economic impact

• Information dissemination and required community consultations have been undertaken.

• Ensure, drainage lines are not creating any degradation for the adjacent houses, wells, lands, irrigation canals and other infrastructures.

Tiny and Small Industries: Establishment and Expansion

Adverse Impact Mitigation Guidelines / Best Practices

Loss of land & open space • Identification and use of land for construction should be in compliance with the provisions given in the regulatory list

• Optimize land use through appropriate design and plan

• Seek clearance on design and plan by qualified civil engineer Natural resource depletion • Optimize use of construction material

• To the extent possible, minimize the use of wood

• Do not use soil for construction from agricultural lands

• Adhere to the regulatory list during selection of water source for construction.

• Use eco-friendly construction material, such as fly-ash bricks, bamboo reinforcement etc. to the extent possible.

• Use efficient technology for internal systems such as lighting, cooling/space heating, cooking, refrigeration, etc.

Tree felling • Obtain permit for tree felling, as per rule • Include compensatory planting with at least twice the number of trees felled

as a component in the construction plan Waste generation • Plan and adopt solid and liquid waste disposal system including re-use of

relevant waste material, where possible. Socio-economic impacts • Ensure, proposed construction is with minimum socio-economic impact

• Information dissemination and required community consultations have been undertaken.

• Ensure, drainage lines are not creating any degradation for the adjacent houses, wells, lands, irrigation canals and other infrastructures.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

30

Mining & Quarrying

Adverse Impact Mitigation Guidelines / Best Practices

Water Pollution • Ensure proper drainage mechanism for pumping out the mine water

• Ensure proper effluent treatment mechanism from preparation and beneficiation plants

• Proper management of lechates / wash offs from waste/ trailing dumps Land Degradation • Proper management of mine waste and trailing dumps

Air pollution • Proper mechanism for dust extraction and dust suppression • Proper management of fumes and other emissions

Loss of Biodiversity • Avoid fragmentation of forest land and obtain required permission from Forest Department for forest clearance, if any

• Avoid diminishing of green cover to the extent possible Noise Pollution • Reduce noise to the maximum due to blasting, drilling, underground mining

equipments, ventilation fans, heavy earth moving machinery, drills, dumpers, crushing and cleaning equipments

Socio-economic impacts • Ensure, proposed construction is with minimum socio-economic impact • Information dissemination and required community consultations have been

undertaken. • Constructions are adjusted to minimize impact on religious and cultural

properties • Proper signage have been given wherever necessary • Proper Environmental Awareness and Environmental Legislation Training

are provided to all stakeholders including the Contractors involved with the mining and quarrying process

The mitigation measures evolved for potential environmental impacts, risks and accidents shall be incorporated into

the Project proposal by the Working Group with the help of the LSG Engineer / Implementing Officer.

Further, in case the sub-project involves any kind of land acquisition, land acquisition process requirements

detailed below is to be adhered to:

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

31

Land Acquisition Process Requirements:

The project will not use In-voluntary land acquisition in sub-projects using the Project Funds,

in strict compliance with the Bank Policy of Involuntary Resettlement (OP 4.12). Land

requirements are expected to be small for sub-projects. Land requirements, if any, will be met

through:

• location of facilities on appropriate public lands;

• direct market purchase (willing seller and willing buyer)5;

• innovative benefit sharing arrangements where feasible; and

• Voluntary land donations of unencumbered lands where the willingness of the

contributor is documented and verifiable.

Project will follow due procedures and documentation processes for all land acquisitions. The

details of the land acquisition should be discussed in an open forum and compensatory

measures if any shared with the local community. Due diligence as part of the ESMF will be

exercised to avoid economic displacement as a result of sub-project activities (even when

there is no land acquisition). In order to effectively monitor land acquisition, project GPs will:

(i) maintain details of all lands acquired for the project; (ii) ensure proper registration and

legal transfer of title deeds of procured/donated lands; (iii) Wherever the land is donated by

the community, complete documentation will be carried out for the title transfer of the land.

For any land donated, there will be an agreement – properly witnessed – where by the donor

will state that the land is donated voluntarily giving up all rights; (iv) The land donation

process should be recorded in a Grama Sabha meeting in the presence of the donor

Voluntary land donations6: The project will discourage land donation by poor families and

vulnerable groups. The guidelines to be followed for voluntary land donations would include

the following principles: (i) Impacts are minor (loss of land less than 10% of holdings), (ii) No

physical re-location; (iii) The sub project is not site specific; (iv) The land required to meet

technical project criteria must be identified by the affected community, not by line agencies

or project authorities (nonetheless, technical authorities can help ensure that the land is

appropriate for project purposes and that the project will produce no health or environmental

safety hazards); (v) The land in question must be free of other claims or encumbrances; (vi)

Grievance mechanisms must be available; (vii) Verification (for example, witnessed

statements) of the voluntary nature of land donations must be obtained from each person

donating land.

Guiding principles for maximizing benefits to vulnerable groups

• Sub Project design should ensure that maximum number of vulnerable groups benefit

(STs, SCs, Women, BPL families etc.)

• To the best extent possible employment opportunities emerging out of sub projects

should benefit local communities and particularly vulnerable groups in the locality

5 Where access requirements are needed, these should be guaranteed by the title holder 6 If any loss of income is envisaged, verification of voluntary acceptance of GP/community-devised mitigation measures must be obtained from those expected to be adversely affected.

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

32

Proforma H Social Screening Proforma for Subprojects involving Land Acquisition:

Probable Involuntary Resettlement Impacts Yes No Not

Known Details

1. Will the intervention include new physical construction work?

2. Does the intervention include upgrading or rehabilitation of existing physical facilities?

3. Is the intervention likely to cause any permanent damage to or loss of housing, other assets, resource use?

4. Is the site chosen for this work free from encumbrances and is in possession of the Public/government/community land?

5. Is this sub project intervention requiring private land acquisitions?

6. If the site is privately owned, can this land be purchased through negotiated settlement? (Willing Buyer – Willing Seller)

7. If the land parcel has to be acquired, is the actual plot size and ownership status known?

8. Are these land owners willing to voluntarily donate the required land for this sub-project?

9. Whether the affected land owners likely to lose more than 10% of their land/structure area because of donation?

10. Is land for material mobilization or transport for the civil work available within the existing plot/ Right of Way?

11. Are there any non-titled people who are living/doing business on the proposed site/project locations that use for civil work?

12. Is any temporary impact likely? 13. Is there any possibility to move out, close of

business/commercial/livelihood activities of persons during constructions?

14. Is there any physical displacement of persons due to constructions?

15. Does this project involve resettlement of any persons? If yes, give details.

16. Will there be loss of /damage to agricultural lands, standing crops, trees?

17. Will there be loss of incomes and livelihoods? 18. Will people permanently or temporarily lose access to

facilities, services, or natural resources?

19. Are there any previous land acquisitions happened and the identified land has been already acquired?

20. Are any Indigenous People/Marginalized groups living in proposed locations or affected/benefitted by the project intervention?

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

33

555...333 IIInnnssstttiiitttuuutttiiiooonnnaaalll fffrrraaammmeeewwwooorrrkkk

As discussed earlier, the institutional framework in the project for effective implementation of

the ESMF will be almost the same as the existing pattern. The few marginal changes that have

been made have more to do with providing facilitation and mentoring support as well capacity

building. The actual implementation of the ESMF will be affected through the existing

organizational structure as discussed in the earlier section also.

Project Management Unit for KLGSDP: Overall coordination and monitoring support will be

provided through the Project Management Unit (PMU). The PMU will comprise an Environment

and Social Management Specialist whose mandate is to ensure correct and effective

implementation of the ESMF. Further, at Block level, the LSGD will depute Engineers who will

work closely with the GPs and Municipalities in their jurisdiction and provide hands on

mentoring support in implementing the ESMF. At District level, PMU will entrust Coordinators

to facilitate the ESMF activities with Local Bodies and report back to PMU for further follow-

ups. The E&S specialist will also monitor the implementation of the ESMF and will provide

additional support to areas where the effectiveness of implementation is found to be lacking.

The E&S Specialist will also supervise the ESMF related capacity building activities designed by

KILA/SIRD and provide them with relevant technical information. Given below in table 5.1 is a

snapshot of the various players involved in implementation of the ESMF in the case of GPs and

Municipalities, respectively.

On completion of the Project, in the event of applying ESMF to all activities to be taken up by

Local Bodies irrespective of funding source, Government has to formulate an institutional

arrangement, preferably at the LSG Engineering division itself comprising adequate number of

Environmental Engineers / Environmental Specialists at Block / District level to facilitate,

implement and monitor ESMF applications at Local Body level. A proposal to this effect shall be

provided by KLGSDP before completion of the project period, so that a consistent mechanism

would be in place for implementation of ESMF on a regular basis in the planning process.

Table 1.1: Institutional Structure for ESMF Implementation for GPs Institution Current roles in development

planning Responsibilities with respect to EMF

implementation

KLGSDP State PMU having 1 Environmental and Social Expert (On institutionalization at later stage, for ESMF to be made applicable to all LB activities, this would appropriately be replaced with designated Environmental Engineer/ Environmental Specialist placed at Block/District

� Project Implementation � Overall Management � Monitoring � Reporting and documentation

• Provide technical support to development of capacity building modules

• Coordinate Capacity building activities on ESMF • Institutionalize ESMF process • Ensure correct implementation of ESMF • Review & update ESMF procedures, if required • Compile annual report on ESMF implementation and

compliance with highlights of environmental gains

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

34

level) Ward/Grama Sabha

• Conceive & raise the local needs & issues

• Review earlier development pursuits.

• Prioritizes subproject proposals

• Raise E&S issues with respect to proposed project, if any

Working Group • Prepares project proposals based on inputs from Ward/Grama Sabha

• Prepares DPR

• Raise E&S issues with respect to proposed project, if any

• Undertakes screening and mitigation plan preparation GP Committee • Conducts Development Seminar

and prepares final subproject plan • Cross-verifies ESMF implementation

GP Engineer / Implementation Officer

• Oversees all technical work and works execution

• Provides technical guidance to GP • Prepares DPRs

• Prepares DPR • Screens project and prepares mitigation plan • Forwards DPR to GP Committee for onward processing • Oversees and supervises work in progress including

ESMF compliance and manages contractors • Verifies ESMF compliance

Block Level Officer in the next higher tier of Implementing Officer

• Ensures compliance to mandatory guidelines

• Ensures compliance to technical guidelines and ESMF

• Verifies costing & phasing of projects

• Suggests innovation & integration possibilities

• Sub-group Gives technical sanction to projects

• Ensures ESMF compliance • Examines the accuracy of impact assessment &

adequacy of mitigation measures • Addresses inter-sectoral environmental conflicts, if any • Recommend E&S clearance to the project • Extend support as resource persons for capacity

building on ESMF

District Planning Committee (DPC)

� Project approval � Plan integration

• Issue E&S clearance along with Project approval • Conduct annual review • Suggest modifications, if any, in EMP

.

Table 1.2: KLGSDP Institutional Structure for ESMF Implementation for Municipalities Institution Current roles in development

planning Responsibilities with respect to EMF

implementation

KLGSDP State PMU having 1 Environmental and Social Expert (On institutionalization at later stage, for ESMF to be made applicable to all LB activities, this would appropriately be replaced with designated Environmental Engineer/ Environmental Specialist placed at District / State level)

� Project Implementation � Overall Management � Monitoring � Reporting and documentation

• Provide technical support to development of capacity building modules

• Coordinate Capacity building activities on ESMF • Institutionalize ESMF process • Ensure correct implementation of ESMF • Review & update ESMF procedures, if required • Compile annual report on ESMF implementation and

compliance with highlights of environmental gains

Ward Sabha • Conceive & raise the local needs & issues

• Review earlier development pursuits.

• Prioritizes subproject plans

• Raise E&S issues with respect to proposed project, if any

Ward Committee • Prepares project proposals based on inputs from Ward/Grama Sabha

• Raise E&S issues with respect to proposed project, if any

Standing Committee

• Conducts Development Seminar and prepares final subproject

• Cross-verifies ESMF implementation

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

35

plan Municipal Council • Conducts Development Seminar

and prepares final subproject plan

• Cross-verifies ESMF implementation

Municipal Engineer / Implementing Officer

• Ensures compliance to mandatory guidelines

• Ensures compliance to technical guidelines and ESMF

• Verifies costing & phasing of projects

• Suggests innovation & integration possibilities

• Sub-group Gives technical sanction to projects

• Ensures ESMF compliance • Examines the accuracy of impact assessment &

adequacy of mitigation measures • Addresses inter-sectoral environmental conflicts, if

any • Recommend E&S clearance to the project • Extend support as resource persons for capacity

building on ESMF

Assistant Executive Engineer/ Executive Engineer / Chief Engineer

• Oversees all technical work and works execution

• Provides technical guidance to the SC/MC/DPC

• Prepares DPRs

• Prepares DPR including mitigation plan if applicable • Forwards DPR to Standing Committee for onward

processing • Oversees and supervises work in progress including

ESMF compliance and manages contractors • Verifies ESMF compliance

District Planning Committee (DPC)

� Project approval � Plan integration

• Issue Environmental clearance along with Project approval

• Conduct annual review with respect to environmental gains, in general, District level ESMF Compliance Report, in particular

• Suggest modifications, if any, in EMP

555...444 CCCaaapppaaaccciiitttyyy BBBuuuiiillldddiiinnnggg PPPlllaaannn

Considering that there will be several players associated with the task of ESMF

implementation, it is important to ensure that all concerned have adequate capacity to

discharge their respective roles effectively. Accordingly, a capacity building plan has been

developed to achieve this objective. All capacity building activities under the project will be

conducted as part of Component 2 and will be implemented by KILA and SIRD. Given below are

the major ESMF related trainings suggested under the project:

The indicative training module as part of Capacity Building Plan is given hereunder:

Module Key participants Themes Schedule

ESMF-1

General

orientation on

Environmental

issues

Half day

• Ward members

• Elected LSG members

• GP/Municipality Officials

• DPC Members

• Municipal Council

Members

• What is environment

• Environmental and Social issues in Kerala

• Major prevailing E&S issues

• Typical E&S impacts of village activities

• How can we safeguard against E&S

impacts

• How the project seeks to address

environmental and social issues

Block level training every year

ESMF-2

Orientation on

ESMF

1 day

• Elected members

• GP/Municipality officials

• DPC Members

• Block Engineers

• Block Level Officers in the

next higher tier of

Implementing Officer

• Overview of regulations pertaining to

E&S issues relevant to LGs.

• Role of LGs in the context of

management of E&S impacts

• Overview of E&S assessment

• Overview of E&S mitigation planning

• Overview of ESMF

Block level training in

Year-1 followed by

refresher training

once in two years

during the project

period

ESMF-3

Specialized

• Working Group members

• LSG Engineers

• E&S regulations

• Overview of ESMF

Block level training in

Year-1 followed by

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

36

training on EMF

2 days

• Block Engineers

• GP/Standing Committee

members

• Block Level Officer in the

next higher tier of

Implementing Officer

• E&S screening

• E&S mitigation planning

• Conduction of LESA

• Preparation of E&S mitigation plans

• Integration of costs in mitigation plans

• Compliance verification procedures

• Monitoring of E&S implementation

refresher training in

year-3 during the

project period

ESMF-4

Orientation on

EMF

Half day

• Relevant LSGD Officials • Overview of E&S assessment

• Introduction to ESMF procedures

• Overview of environmental mitigation

planning

• Monitoring of ESMF implementation

State level training in

Year-1 followed by

refresher training in

Year-3

As mentioned earlier, the training activity shall be undertaken through the Kerala Institute of

Local Administration, a premier training organizations under the Local Self Government

Department (LSGD), Kerala. The State Institute of Rural Development (SIRD) and its three

Extension Training Centres (ETC) under the LSGD, could also play a major role in extending the

training to the entire state. KILA and SIRD will prepare training and capacity building modules

including ESMF related materials in local language. For KLGSDP, the E&S specialist in the PMU

will oversee the preparation of documentation as well as conduct of safeguards related

trainings. Once the ESMF is made applicable to all Local Body activities, concerned

Environmental Engineer/ Environmental Specialist placed at Block / District level will take

over these activities.

KILA and SIRD at present do not have any faculty in the field of environment and social issues.

Therefore, they will have to outsource to suitable external experts or firms, the task of

preparing the training modules and training of trainers. The Environment and Social Safeguards

Specialist from the state PMU will provide all the necessary support and assistance to KILA and

SIRD in procuring services of a good expert or firm. The budget pertaining to implementation

of the capacity has been included in section 5.6.

555...555... MMMooonnniiitttooorrriiinnnggg ooofff EEESSSMMMFFF

An appropriate monitoring mechanism is necessary to ensure the following:

• To verify and confirm whether ESMF related capacity building is taking place and is

effective

• To confirm that the ESMF is implemented satisfactorily;

• To ensure that compliance to mitigation measures is taking place

• To learn from experience in order to improve the EMF process and practice.

• To provide relevant ESMF implementation related information to the Annual Performance

Assessment

• To verify whether adherence to ESMF is actually translating to benefits to the Environment

in the field

• To generate relevant information that feeds into the project’s Results Framework (for

KLGSDP). On completion of the project, for the relevant monitoring systems

institutionalised by the Government

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

37

Following are the main components of monitoring mechanism proposed under this project:

• Surveillance and supervision – to oversee adherence to and implementation of ESMF,

particularly the following aspects:

o Capacity Building activities

o Extent of usage of ESMF procedures by the LSGs

o Extent of compliance with ESMF recommendations in LSG works

• Annual Performance Assessments

• Mid-term and End-of-Project Technical and Service Delivery Evaluations

We discuss these in detail below.

555...555...111... SSSuuurrrvvveeeiiillllllaaannnccceee aaannnddd SSSuuupppeeerrrvvviiisssiiiooonnn

Surveillance and supervision of all ESMF implementation and compliance related activities will

be undertaken by the Environment and Social Safeguards specialist in the PMU for KLGSDP.

Some of the work undertaken in these respects will include:

• Maintaining a record of number of ESMF related trainings taking place, number of persons

trained and number of certificates issued. Information on the quality of trainings and

effectiveness of the trainings on participants will also be collected through one to one

interactions on a feasible sample of trainees from each of the trainings conducted.

• Review from time to time, on a sample basis, whether Proformas C and D are being filed

correctly or not. If not, take appropriate remedial action. The recommended sample size is

to cover at least 5% of the number of GPs / Municipalities on a quarterly basis, to whom

Block Grants are disbursed from Year 3 onwards subject to a minimum of 10.

For KLGSDP, an Annual Compliance Report (ACR) on ESMF will be filed every year by the E&S

Safeguards Specialist in the PMU summarizing the findings and actions taken on the above

aspects and submitted to Project Director. The report will be shared with The World Bank.

On completion of the project, the Annual Compliance Report on ESMF will be filed by the

Environmental Engineer / Environmental Specialist in the Block / District designated for the

purpose and will submit to the Government for review.

555...555...222 AAAnnnnnnuuuaaalll PPPeeerrrfffooorrrmmmaaannnccceee AAAsssssseeessssssmmmeeennnttt

Adherence and compliance to ESMF has been made one of the criteria that contribute to

deciding any LSG’s eligibility for receiving performance grants as assessed by the Annual

Performance Assessment (APA). The objectives of the ESMF related portion of the Annual

Performance Assessment will be as follows:

1. To determine the extent of effectiveness achieved by the concerned LSG in respect of

ESMF implementation and compliance, with specific reference to:

a. Assimilation of ESMF related knowledge and skills by relevant LSG functionaries

and officials

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

38

b. Extent of accuracy in application of ESMF procedures in routine project approval

process

c. Extent of correct application of compliance verification procedures

2. To assess if this has translated into any significant results on the ground

3. To allocate a numerical rating to the concerned LSG that suitably captures its degree of

adherence and compliance to ESMF

Since the annual performance assessment will apply to all LSGs, an assessment methodology

that can be applied uniformly will be developed. Possible that would reflect performance of

the LSGs with respect to ESMF implementation. These are:

1. Number of DPRs prepared in which screening and mitigation planning procedures

described in the ESMF have been fully applied

2. Number of LSG functionaries who have undergone training in ESMF

3. Number of approved DPRs in context of which the works executed are in full

compliance with the specified mitigation measures

555...555...333 TTTeeeccchhhnnniiicccaaalll EEEvvvaaallluuuaaatttiiiooonnn ooofff SSSeeerrrvvviiiccceee DDDeeellliiivvveeerrryyy

In any project involving ESMF it is important to obtain an overall picture of the performance

and effectiveness of its implementation, particularly with respect to lessons learned for

purposes of improving effectiveness of implementation as well as for use in similar future

projects.

The Annual Performance Assessments, described in the earlier section, will apply individually

to a single LSG at a time. They will provide a numerical score based on its performance vis-à-

vis the ESMF, which will help in deciding allocation of the performance grant to various LSGs.

However, the APAs will not be able to provide an overview of the status of ESMF

implementation in the entire project. Even though the APAs will evaluate several aspects

pertaining to ESMF implementation, the results will be applicable only to the LSG level. In

order to build a macro level picture vis-à-vis ESMF implementation for the project, findings of

several APAs may have to be compiled, collated and analyzed to get the macro-level picture.

This may have to be further corroborated by additional primary information collected through

various means.

In view of this, two Technical Evaluations of Service Delivery of the project with special focus

on effectiveness of ESMF implementation, by an independent external agency are

recommended: one after mid-term and the other at the end of the project period. The mid-

term evaluation will focus on correctness of application of procedures. It will depend on a

random sample of LSGs (GPs as well as Municipalities) across the state and on information

generated from APA exercises. This is because the implementation of the ESMF would only

have been newly introduced and effects in the field, if any, would not be significantly visible

by that time. However, there would be useful information on deficiencies, if any, in the ESMF

procedures or implementation. Given below are some important points that could be its

purview:

• Knowledge, capacity and skill level of concerned LSG functionaries, officials and

technical personnel with respect to ESMF

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

39

• Number of activities to which the ESMF was applied

• Whether the Screening procedure (including LESA, if applicable) was correctly followed

• Correctness or aptness of the mitigation measures recommended

• Whether deficiencies, if any, in screening or mitigation planning were identified at TAG

or other levels and pointed out at later stages of the environmental clearance process

• Whether compliance verification procedures were correctly followed

• Degree of compliance with recommended mitigation measures during works execution

• Recommendations for improving effectiveness of ESMF and its implementation

Some indicators on which data / information are to be compiled for overall assessment of ESMF

implementation and preparation of Results Framework of KLGSDP are as follows:

• Module –wise number of ESMF trainings organized

• Number of persons trained in ESMF implementation categorized by (i) Elected

representatives, (ii) Officials, (iii) Technical Personnel,(iv) Independent members

• Number of LSGs rated as good in ESMF implementation by APAs

• Number of LSGs rated as good in ESMF compliance by APAs

• Number of cases wherein projects were not approved due to Regulatory considerations

• Number of LESAs conducted

The recommendations of the mid-term evaluation will be useful in improving the effectiveness

of the ESMF over the balance period of the project. The second and final technical and service

delivery evaluation will focus on results achieved and benefits accrued. It will assess:

• Effect, if any, of the improved procedures implemented post mid-term Environmental

Audit

• Estimate of quantum of harm from which the Environment has been safeguarded based

on a random sample of selected LSGs.

• Examination of best practices in environmental and social impact mitigation.

• Recommendations for further improvement in ESMF systems and procedures for future

projects

555...666 BBBuuudddgggeeettt fffooorrr EEESSSMMMFFF iiimmmpppllleeemmmeeennntttaaatttiiiooonnn

The budget for ESMF implementation has the following components:

1. For KLGSDP, PMU Component consisting of salary and operational expenses of

Environmental and Social Safeguards Specialist. On completion of the Project, this

component will be applicable to the designated Environmental Engineer/ Environmental

Specialist placed at Block / District level.

2. Capacity Building component to be mainly provided to KILA/SIRD under Component 2 of

the project. This will have the following sub-components:

a. Cost of hiring an Environmental Specialist in KILA/SIRD on a regular basis, to

oversee development of training modules and training schedules

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

40

b. Cost of developing training modules (to be outsourced to specialist agency) and

training material including translation

c. Cost of printing training material

d. Training Costs: these will be part of KILA’s normal training budget and hence no

funds are expected from the project for KLGSDP.

3. Cost of mid-term and end-of-project Environmental Audit for KLGSDP.

4. Once, ESMF is institutionalized and mainstreamed for all Local Government activities, a

regular mechanism for Environmental Audit shall be envisaged as part of the Annual

Performance Audit conducted by the State Performance Audit team.

The overall budget for KLGSDP will be as follows:

Sl. No. Training Component Sub-component Amount INR Remarks

1. PMU Component

E&S Specialist for 5

years 27,00,000

@INR 45,000 per month for 5

years

ESMF Surveillance costs 30,00,000 @ INR 50,000 per month for 5

years

APA Costs 3,15,90,000 @ INR 10,000 per LSG, for

1053 LSGs for 3 years

2. Capacity Building

Supervision of training

material preparation 2,10,000

6 months @INR 35.000/- per

month

Training module &

material preparation 10,00,000 4 month contract

Training material

printing 2,00,000 Work order

3. Environmental Audits Midterm audit 20,00,000 4 month contract

End-of-project audit 20,00,000 4 month contract

TOTAL 4,27,00,000

The training materials shall be prepared by engaging appropriate consultants and vetted by the

experts in the State PMU for KLSGDP. These materials shall be printed and made available to

all the local governments. In addition, this shall also be made available in the website of

KLGSDP for quick reference and downloads.

This budget will be revised and customized accordingly, when ESMF is mainstreamed and

institutionalized for implementation under all Local Body activities under Local Self

Government Department (LSGD). A regular mechanism for Environmental Audit is envisaged as

part of the Annual Performance Audit conducted by the State Performance Audit team. For the

Capacity Building component, it is recommended to have a one-time large expense in

preparing the training modules on environment. The training modules and materials already

prepared by KLGSDP with proper customization to suit all LSG activities could be adopted on

completion of the project as well to serve this purpose. It is also recommended to have an

yearly allocation for updating training materials, modules and conducting trainings at

KILA/SIRD on a regular basis as envisaged in the Capacity Building component. A customized

training shall also be planned for the State Performance Auditors for including Environmental

Audit findings in the Annual Performance Assessment tool as well.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

41

555...777 MMMooodddiiifffiiicccaaatttiiiooonnn aaannnddd IIImmmppprrrooovvveeemmmeeennnttt ooofff EEESSSMMMFFF bbbyyy KKKLLLGGGSSSDDDPPP

The Environmental Assessment Report of KLGSDP was prepared and validated after proper

consultations by Government prior to the rolling out of the Project and the document has been

published in the LSGD website and KLGSDP website for use by Local Body functionaries. In

compliance with the Project Development Objective and implementation policy, ESMF was

made an integral and mandatory part of KLGSDP and had been implemented in all Subprojects

under Performance Grant during the Project cycle. ESMF made applicable in all stages of

Performance Grant plan process – formulation, approval, implementation & post-

implementation. The integration and implementation of ESMF has been strictly coordinated,

monitored and evaluated for its compliance by KLGSDP during the completed project period.

For the integration and compliance of ESMF, envisaged Capacity Building Trainings have been

conducted by KLGSDP and tool kits developed for the integration of KLGSDP in plan process

have been evaluated and ensured with the plan softwares of IKM. Regular monitoring and

Technical evaluations have been carried out by KLGSDP for the compliance verification and

due diligence of ESMF on a regular basis as per the Project mandate.

On the basis of ESMF implementation experience at grass root level and also based on the

findings of Environmental Audit carried out by KLGSDP during its Mid Term Evaluation, it has

been observed that, for the due diligent compliance of ESMF, certain revisions/modifications

are required in the existing ESMF document. Accordingly, a series of Consultation Workshops

have been carried out by KLGSDP participating Subject Experts in the field, World Bank

Representatives, LB Elected Representatives and LB Implementing Officers. The outcomes of

the consultation workshops were consolidated and integrated appropriately in the ESMF

document and shared to World Bank for clearance. This exercise has been carried out based on

the long term vision of the Project that, in future, ESMF is to be mandatorily applied to all the

Subprojects to be taken up by LBs irrespective of funding source.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

CCChhhaaapppttteeerrr 666

SSSoooccciiiaaalll SSSaaafffeeeggguuuaaarrrdddsss Vulnerable Groups Development Framework (VGDF)

6.1 Introduction

6.1.1 The Kerala Local Governments Strengthening Project will operate throughout the

State of Kerala dealing with all local government bodies (save and except large Municipal

Corporations).

6.1.2 Bank operational policy (OP 4.10) on tribals is applicable due to presence of tribal

groups in the project areas. While the present project may not adversely affect Tribals, the

project offers an opportunity for Tribals to receive social and economic benefits that are

culturally appropriate and gender and intergenerationally inclusive. Bank policy requires the

preparation of a Tribal Development Plan/ Framework. In view of the robust policies already in

existence in Kerala, it has been decided to adopt local State systems instead of preparing an

independent framework. Also it has been decided to broaden this into a wider vulnerable

group development agenda. (See Annex 14 for a detailed back ground note).

6.1.3 The security of life and sustainable livelihood is one of the resurfacing issues in the

development discourse. This issue is rising because certain groups in the society – termed

Vulnerable Groups (VGs) - are deprived of basic needs and lacks to fully enjoy the wide range

of human rights. VGs are disadvantaged as compared to others mainly on account of their

reduced access to habitat, health, sanitation, education, livelihood opportunities, political

participation, etc. The premise is that the chances of sustainable livelihood and social

security must not be unfairly disadvantaged because of sex, class, religion, caste, sexual

orientation, ethnic identity, disability, health status, civil, political, social or other statuses.

In Indian context, there are multiple socio-economic disadvantages that members of particular

groups experience which limits their access to livelihood options and secured life. This

document looks into the decentralization initiatives in Kerala for the vulnerable groups.

6.1.4 The 73rd and 74th Amendments to Indian Constitution has brought enormous

opportunities for the hitherto excluded poor and marginalized sections of the population

through building democratic structures at the grass roots level (e.g. Village Assembly), and

reservation of seats for women, SC, and ST. The Amendments also mandated Local Self

Government Institutions (LSGIs) to plan for local economic development and social justice.

The very purpose of social justice can be attained only through the inclusion of excluded; the

vulnerable groups. The decentralization of power or planning from below would benefit the

vulnerable groups whose voice were not heard earlier and denied opportunities. By conceiving

this in letter and spirit, Kerala has launched the decentralization specifically targeting the

vulnerable groups.

6.2 Targeting the Vulnerable Groups through Decentralisation

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

152

6. 2.1 Following the Constitutional Amendments, the Government of Kerala made legal,

fiscal, and administrative reform on decentralization. With the legal backing for

decentralization, launched a massive participatory programme during the 9th plan period

under the banner ‘People’s Plan Campaign’ (PPC). The methodology evolved through PPC has

been successfully followed even now as an effective mechanism to deliver basic services to the

poor and addressing the issues of vulnerable groups. The policy and systems have been

spiraled over the period targeting the Vulnerable Groups intensively. One of the priorities of

11th five year plan (2007-2012) for LSGIs is social security, which states that: “While

attempting to bring about economic development, social justice would be the overarching

concern. The direct attack on poverty would be intensified, moving on to inclusion of the

socially and economically marginalized and excluded groups”. (Govt. of Kerala, 2007). The

initiatives to address the issues of the vulnerable groups directly through LSGIs under the

peoples planning process are:

• Tribal sub Plan (TSP) for tribal groups

• Special Component plan (SCP) for scheduled castes

• Women component Plan (WCP) earmarking 10% of plan funds to meet specific needs of

women

• Aashraya – for rehabilitation of destitutes

• Anti poverty sub plan (APSP) for provision of sites to landless families

• Disadvantaged groups (reserving 5% of budget) for physically challenged and elderly

6.2.2 Special Component Plan (SCP) and Tribal Sub-Plan (TSP)

6.2.2.1 The SCP and TSP are the two major programmes that seek to address the problems

of Scheduled Castes (SCs) and Scheduled Tribes (STs) respectively. The SCP and TSP were

introduced way back in 1975 with the objective of formulating a plan appropriate to the

scheduled communities. Following the Constitutional Amendments, Kerala took a crucial step

forward at the time of ninth five-year plan by transferring to the LSGIs the responsibilities of

formulation and implementation of SCP and TSP. Accordingly two-third of the allocations for

SCP and TSP were earmarked for the LSGIs under successive annual plans. The LSGIs began

formulating and implementing SCP and TSP with people’s participation. The SCP and TSP

follow a separate methodology by preparing plans for each family and habitat on the basis of

primary survey and habitat mapping. The plans would be prepared for providing minimum

needs of households like housing, sanitation, electricity, water supply, street lights, and other

common facilities.

6.2.2.2 TSP represents funds earmarked exclusively for tribals (with contribution from State

and central funds). Kerala is the only State in the country where substantial parts of the Tribal

sub plan (TSP) are directly1 implemented by Local Self Governments (LSG). Robust and

detailed institutional/process guidelines have already been prepared by Govt. of Kerala (GOK)

for TSP. Hence there is a good opportunity to strengthen access of Tribal groups to these funds

1 In all other states, these funds are generally under the control of the line departments.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

153

by linking TSP performance to the proposed performance assessment system (PAS)2 of the

project. The TSP performance is will be measured based on (i) Existence of annual Tribal Sub

Plans; (ii) Quality of plan preparation process and (iii) actual implementation results.

6.2.3 Women Component Plan (WCP)

6.2.3.1 A special aspect of decentralized planning in Kerala has been WCP that includes

projects aimed at meeting the specific needs of women and raising their status in the society.

Apart from providing special consideration for women in general projects, a minimum of 10% of

the Plan funds must be earmarked for projects on women development. This would ensure

gender equality and social justice.

6.2.4 ASHRAYA

6.2.4.1 Ashraya – an extraordinary programme for rehabilitation of destitutes has been

developed by Kudumbashree. It targets absolute destitutes covering about one to two percent

of the population who need continuous handholding for their very survival. The destitute are

identified using the criteria developed by Kudumbashree. The Village Panchayats,

Municipalities, and Corporations may in addition to the existing programmes for the poor,

prepare a Package of Care Services for the destitute families under Ashraya viz.

• Food

• Health Care

• Assistance to Physically and Mentally Challenged (Disabled)

• House Sites

• Housing

• Water

• Education

• Social Deprivation

6.2.5 Anti-poverty Sub Plan (APSP)

6.2.5.1 It aims at providing landless person with house site and site within the first two

years of the 11th Five Year Plan. Preparation of APSP is mandatory for all Local Governments.

As part of this Sub Plan, a prioritized list of families should be prepared from the new BPL list

for providing shelter to all of them. This should be in two parts: Provision of house sites and

houses, and Provision only for houses.

6.2.6 Plans for Disadvantaged Groups

6.2.6.1 Creation of conditions conducive for the sustenance of disadvantaged groups –

children, aged, physically and mentally challenged persons – is a fundamental aspect of

development. In view of this, a mandatory minimum allocation of 5% of total plan allocation of

LSGIs is prescribed by the Government.

2 Project will implement an independent performance assessment system for participating LSGs. LSGs meeting overall performance standards (including VGDF) will be eligible to receive the performance grant.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

154

6.2.7 Fisher People

6.2.7.1 Responding to the concerns on alienation of traditional fish workers from the

customary rights, equity, and sustainability, attempts have been made in decentralization

process to address their issues. Appointing a Taskforce on Livelihood Security of Fishing

Community during 9th plan had been a modest attempt in this direction. The 11th plan

guideline also state: “Traditional Fishermen and other groups facing vulnerability also would

get special attention”. (Govt. of Kerala, 2007).

6.3 Equity Oriented Devolution of Funds

6.3.1 The devolution of fund is formula-based with zero discretion. The formula is equity

oriented with the result that backward Local Governments with a naturally higher proportion

of socially disadvantaged groups get larger allocations irrespective of their location or clout.

As mentioned elsewhere, 2/3rd of the funds under SCP and half of the funds under TSP are

devolved to Local Governments on the basis of SC and ST population.

6.4 Deploying Functionaries

6.4.1 Cutting edge level officials up to the district level from the departments of SC

Development, ST Development, Social Welfare and Rural Development have all been

transferred to Local Governments.

6.5 Proposed Vulnerable groups development Frame work (VGDF)

6.5.1 As can be seen from the above, robust policies and planning systems are already in

place in Kerala for vulnerable groups. However, much needs to be done to achieve the desired

outcomes in the field. Some of the key constraints observed relate to:

• Inadequate capacity/understanding of implementers

• Lack of awareness among beneficiaries of their rights and responsibilities

• Shortcomings in due diligence in the processes

• Ineffective monitoring, and

• Short comings in adhering to social accountability processes

6.5.2 It is therefore proposed, as a part of the proposed Kerala Local Government Project

to lay special emphasis on removing the constraints so that results are achieved on the ground

as envisaged in the policy and planning process framework.

6.6 Objectives of VGDF

6.6.1 The objective of the VGDF under the proposed project is to incentivize

operationalisation of existing policy framework for vulnerable groups (VG) in general and for

Scheduled Tribes (STs), Scheduled Castes (SCs) and Women in particular. This will be achieved

through

• Capacity building support

• Measurement and monitoring of performance, and

• Linking access of LSGIs to performance grants in relation to their overall performance

including performance on VGDF.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

155

6.7 Activities under VGDF

6.7.1 The main activities under VGDF would be:

• Capacity building activities

o to familiarize LSGI functionaries with VGDF

o focused training on short comings in the present planning & implementation

processes vis-a-vis guidelines

o sensitise them on their importance and relationship of VGDF in the context of the

performance grant system

• Independent measurement of process and outcomes through specific parameters

o Planning :

� Is there a plan?

� Plan vs. Entitlement (Have the LSGI tried to access all available resources for

VGs?)

� Is the quality of planning process satisfactory?

o Implementation

� Implementation Vs Plan - Have all planned activities actually implemented

for VGs?

� Is the Implementation process satisfactory

o Post- Implementation

� Social Audit (Have the outcomes been achieved for VGs?)

o Transparency & Accountability

� Display of citizens charter

� GP report for citizens

6.7.2 The measurements mentioned above will be carried out for TSP, SCP and WCP

during annual independent performance assessments. Capacity building activities would be

continually refined

6.8 Implementation arrangements:

6.8.1 The VGDF will be implemented as per the existing planning process guidelines

issued by Government of Kerala.

TSP planning, implementation & monitoring guidelines for TSP

S No Stage Action Responsibility

1 Preparatory Constitution of working group Chairman of LSGI

2 Training & sensitisation KILA

3 Environment creation/IEC VG Promoters

4 Situation Analysis presentation/

discussion with VGs

VG Promoters

5 Planning Hamlet/Oorukoottam meeting Officer assigned by LSGI/VG

promoter

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

156

6 Draft Plan preparation Chairman of LSGI/Chairman

of standing committee

7 Projectisation Working group

8 Draft Plan finalization (for ZP &

TP only)

9 Development Seminar DPC

10 Plan finalisation LSGI - Board

11 Vetting of Plans TAG

12 Plan Approval DPC

13 Plan Publicity (dissemination) Working Group/VG promoter

14 Implementation Plan Implementation Accredited agency/ CBO/

SHG

15 Monitoring Social Audit – by community

State planning Board/LSGD

(through its designated

agency)

DPC monitoring teams

• Methodology for Inclusion of Excluded

o Participatory budgeting, following an elaborate methodology which ensures

transparency, visibility, inclusiveness, and accountability.

o Special features have been built into the planning process in respect of sectors

related to social justice. These include community consultations over and

above the Grama Sabha, mandatory inclusion of representative socially

disadvantaged groups in the Working Groups. Another feature is compulsory

preparation of social maps for infrastructure schemes under SCP and TSP

showing distinctly benefited SC or ST families and other families.

• Support Systems

o A range of support systems which are particularly sensitive to the issues related

to socially disadvantaged groups has been put in place for the planning process.

o 1183 social animators from among SCs and 1000 social animators from among

STs for extension activities support community organization and development.

o NHG network through Kudumbashree

• Vigilance System

o The Vigilance Committees (Jagrata Samitis) at the LSGI level have been

constituted to redress issues related to gender discrimination and atrocities

against women.

o ST hamlets are given the full power to decide their needs in the Hamlet

Assembly (Ooru Koottam; Ooru meaning hamlet and Koottam meaning Assembly)

– a platform specifically accorded for Tribals.

o Social Auditors from among persons of integrity and commitment to the cause of

tribal development is also ensured.

Environmental and Social Assessment Report

Kerala Local Government Service Delivery Project

Kerala Local Government Service Delivery Project

157

• Capacity Building

The capacity building activities for democratic decentralization is essential for

empowerment and social mobilization. The approach adopted has been long-term

investment in people and organisations for building social capital and enlightened

citizenry through KILA, with special focus on social justice. Deliberate attempts were

made to involve numerous mass organisations and voluntary experts along with elected

representatives and officials in the capacity building programmes. Guidelines,

Handbooks and Toolkits have also been in circulation focusing on inclusion of excluded.

• Status Studies

The cutting edge LSGSIs will conduct status studies and prepare status reports on

Women. Detailed instructions have already been issued for guiding the LSGIs for

preparing Women Status Report. The census of SCs and STs are also underway to assess

their status.

• Liaison with Departments

Local Self Government Department (LSGD) will liaise closely with the Women’s

Commission, the SC and ST Commission, and the Commissioner for People with

Disabilities to discuss issues related to the socially disadvantaged groups.