GO CORRESPONDENT

The Digamber Kamat government appears to have mastered the fine art of creating corporations - the latest being the Goa Solid Waste Management Corporation - to serve their own money-making ambitions and to counter people’s movements. Worse still, the latest corporation proposed will have the power to declare any site a garbage dump.

THE LATEST in the ever-growing list of corporations that the government has formed and is proposing to form is the Goa Solid Waste Management Corporation. The Bill proposing the formation of the corporation was notified in the Government Gazette dated August 13, 2009. The Bill was introduced “to make special provision for securing the establishment and orderly development of facilities for management of solid wastes, to assist generally in the organisation and scientific management thereof, and for that purpose to establish Solid Waste Management Corporation, and for the purposes connected with the matters aforesaid.” Of course there is no mention of the fact that solid waste management is the responsibility of the Urban Development Ministry as well as the various village panchayats and municipal councils.

Clearly a semi-autonomous body, the corporation shall “sue and be sued in its corporate name” and - this is the key role - can acquire, hold and dispose off property as well as contract jobs for various purposes. As is the case with newly passed Goa Health Services Development Corporation Act, the Waste Management Corporation will be free to acquire and hold movable and immovable property as well as lease, sell, exchange and transfer property in accordance with guidelines framed, conveniently, by the corporation itself. Land would be acquired under provisions of the Land Acquisition Act as it would be deemed “for public purpose”. This land would be used by the corporation itself or a user permitted by it. However, the government has stipulated that the corporation will have to obtain its approval before permitting other agencies to use land. Further, land acquired by the Corporation which has not been used will be placed at the disposal of the government.

REAL ESTATE SCAM

JUST as the IT Habitat was perceived to be a real estate scam, the board members of the proposed corporation will also have ample opportunity to make a tidy sum on kickbacks as one of the corporation’s functions is to make buildings available to parties “intending” to start solid waste management services as well as to allot plots and buildings to those involved in similar services. The corporation will also be able to modify or rescind allotments.

The Solid Waste Management Corporation will also have the authority to lay pipelines for carry gas, water or electricity from a source of supply to the land acquired and construct sewers or drains through any intervening area. Authorised officers of the Corporation will be permitted to enter ANY land or building to inspect, survey, measure, valuate or inquire about such lands or buildings. The bill also, suspiciously, enables officers of the corporation - nominated by the government - to “be a controller or licensing authority under any law for the time being in force relating to the procurement or distribution of any commodity in respect of the facilities for solid waste”. Which, in simple language, means that the said officer will be a law unto himself and issue licences at his own discretion, without having to consult the relevant government departments.

Just like the Health Services Corporation, the Waste Management Corporation will also have overriding powers to direct local authorities to grant amenities as it wishes to “notwithstanding anything contained in any other law”. Under the same pre-condition, the government can declare any site a solid waste management area; appoint any officer to asses and recover taxes when imposed; nullify the provisions of any law relating to local authorities providing for control or erection of buildings, levy and collection of taxes… in that area/site; and make any other provision necessary.

PROSECUTION

THE government has also cleverly provided for a legal safety net. The Bill states, “No Court shall take cognisance of any offence relating to property belonging to, or vested by or under this Act, in the corporation, punishable under this Act, except on the complaint of, or upon information received from the corporation.” It also stipulates that no legal action can be taken against any person in the corporation for anything that is “in good faith”. Legal recourse cannot be taken against the corporation, any committee constituted under the Act, or against any officer or servant of the corporation in respect to any act done in executing the Act - or in respect of any alleged neglect - unless the legal action is taken six months after the accrual of the cause of action and until the expiration of two months after the notice in writing has been delivered.

The Solid Waste Management Corporation Bill appears to have been drafted by the same person who drafted the Goa Health Services Development Act as this bill has also provided for a penalty for obstruction. Perhaps in anticipation of public protests, the bill maintains that any person who obstructs the entry of authorised personnel onto land or into a building will be liable to legal recourse and may be convicted and imprisoned for a maximum of six months or/and with a fine of Rs. 1000. Those tampering with work on the sites will, on conviction, be liable to a sentence extending to three months or/and a fine of Rs. 10,000. In anticipation of litigation, the Bill has already made a provision for this: the legal fees of corporation representatives will be paid by the Corporation.

Considering the provisions of the bill, the Solid Waste Management Corporation may well turn into the Directors’ Wealth Management Corporation.