the goan I network
MARGAO
Even as the legality of the Garbage Sentinel Scheme was a subject of debate in the commercial capital in the absence of a government notification, confusion prevailed whether the Margao municipality can penalize the offenders by levying a fine of Rs 5,000 when the Goa Non-biodegradable Garbage (Control) Act, 1996, provides for a penalty of Rs 200 for the first offence.
Section 5A of the Act relating to penalty for contravening provision of Section 5 states that whoever contravenes any of the provision of Section 5 of the Act shall be punishable with a fine of Rs 200 for the first offence, Rs 500 for the second and Rs 5000 or with imprisonment which may extend to one month or with both, every subsequent offence, when the offence is in relation to a residential house.
The Act envisages a fine of Rs 2000 for the first offence, Rs 5000 for the second offence and Rs 25,000, or with imprisonment for a term which may extend to six months or with both, for every subsequent offence, when the offence in relation to a commercial establishment.
The Margao Garbage Sentinel Scheme, in the absence of any notification containing the rules, only states that the violator will be liable to pay a fine of Rs 5000 with a prize money of Rs 1000 for the sentinel. The sentinel scheme has no provision on levying the fine for the first offence or the second offence and contains an uniform fine irrespective whether the violator is a residential or commercial establishment.
When The Goan called up MMC Chief Officer Sidhivinayak Naik to shed light on the quantum of fine to be levied by the civic body and whether the fine conforms to the provisions of the Goa Non-biodegradable Garbage (Control) Act, 1996, he merely said the rules do empower the civic body to straightaway levy a fine of Rs 5000. “I have checked with a senior government official, who had confirmed that the civic body enjoys the power to levy a fine of Rs 5000 on the offender,” Naik said.
The CO’s stand assumes significance as many in the civic body, including the city fathers, feared that the garbage sentinel scheme may bleed the municipality if the prize money turned out more than the revenue by way of fines. Even city fathers sought to question whether the civic body can afford to shell out Rs 1000 as prize money if the fine amount was a measly Rs 100.
Incidentally, neither the DMA Dr Tariq Thomas nor officials of the department of environment have cleared the air surrounding various aspects of the scheme, including legal issues as well as on the crucial question of penalties.
