Full Text of GO. Rt. No 973 issued by Government of Andhrapradesh to levy user charges for Garbage Collection in Vijayawada City

                    GOVERNMENT OF ANDHRA PRADESH

                                         ABSTRACT

Municipal Administration and Urban Development Department - Vijayawada Municipal Corporation, Vijayawada – Cancellation of Council Resolution No.134, dated 6.8.2009 –Orders – Issued.

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MUNICIPAL ADMINISTRATION  and URBAN DEVELOPMENT (H1) DEPARTMENT

G.O.Rt.No. 973 ,                                              Dated:21.08.2010.

                                                                       Read the following

1) From the Commissioner, Municipal Corporation,

Vijayawada, Letter No.F1-163019/2008, dated 17.09.2009.

2) Government Memo No.15787/K2/2009-1, Municipal Administration

and  Urban Development Department, dated 23.01.2010.

3) From the Mayor, Vijayawada Municipal Corporation, Vijayawada,

Letter No.17/2010, dated 15.02.2010.

4) Government Memo.No.15787/K2/2009-2, Municipal Administration

and Urban Development Department, dated 6.5.2010.

5) From the Mayor, Vijayawada Municipal Corporation, Vijayawada,

Letter No.48/2010, dated 15.05.2010.

6) Government Memo.No.15787/K2/2009-3, Municipal Administration

 and Urban Development Department, dated 14.6.2010.

7) From the Mayor, Vijayawada Municipal Corporation, Vijayawada,

 Letter No.48/2010, dated 25.06.2010.

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O R D E R:-

Whereas, in the letter 1st read above, the Commissioner,

Vijayawada Municipal Corporation, Vijayawada has

reported that Vijayawada Municipal Corporation is spending

huge amounts for Solid Waste Management in the City. The

recovery of the Operation &Maintenance charges is

very low at one third of the total expenditure. The Vijayawada

Municipal Corporation is already facing many financial constraints

in meeting various requirements and also committed to reforms

under JNNURM for 100% recovery of O&M expenditure

for various services provided by the Vijayawada Municipal

Corporation. The Municipal Council had also earlier accepted

for JNNURM project including reforms;

2. And whereas, the Commissioner, Vijayawada Municipal

Corporation, Vijayawada has further reported that an office

proposal was placed before the Municipal Council, with

estimated service / user charges of Rs.8.12 Cr per Annum.

The Vijayawada Municipal Council vide CR.No.134,

dated 06.08.2009 had rejected the proposal resolving that

the Vijayawada Municipal Corporation is already collecting

various taxes from the citizens. Such action of the council

rejecting the office proposals involving financial matter will

not only worsen the financial situation but also leave a message

 that no service charges will be levied for any service of

Vijayawada Municipal Corporation and is contrary to the

spirit of reforms undertaken by the Vijayawada Municipal

Corporation;

3. And whereas, the Commissioner, Vijayawada Municipal

Corporation, Vijayawada has finally requested the Government

to cancel the Council Resolution No.134, dated 06.08.2009

by invoking provisions under section 679-A of HMC Act 1955

so that user charges can be levied for Municipal Solid Waste

Management in the best interest of Vijayawada Municipal

Corporation;

4. And whereas, Government consider that it is appropriate

to cancel the Council Resolution No.134, dated 06.08.2009

of Vijayawada Municipal Corporation under sub-section

(1) of Section 679-A (1) of Greater Hyderabad Municipal

Corporation Act, 1955 (AP Act II of 1956), read with 

 section 7 of the Vijayawada Municipal Corporation Act,

1981 (AP Act 23/1981) as it is contrary to the spirit of reforms

undertaken by the Vijayawada Municipal Corporation and also

causes financial loss to the Corporation;

5. And whereas, in the letters 2nd, 4th and 6th cited, show

cause notices have been issued to the Mayor, Vijayawada

Municipal Corporation to explain within 15 days from the date

of receipt of this notice as to why its Council Resolution No.134,

dated 06.08.2009 should not be cancelled, as it is contrary

to the spirit of reforms undertaken by the Vijayawada Municipal

Corporation and also causes financial loss to the Corporation;

6. And whereas, in the letter 7th read above, the Mayor, Vijayawada

 Municipal Corporation has reported that at present Under Ground

Drainage works taken up under Jawaharlal Nehru National Urban

Renewal Mission are in rapid progress covering more than 70% of

the Vijayawada Municipal Corporation area. Due to the same, the

citizens of Vijayawada are facing inconvenience in Transportation

and attending other daily routine affairs. All Under Ground Drainage

works will be finished by December, 2010 as revealed during review

meetings conducted with Vijayawada Municipal Corporation officers.

Most of the Corporators are of the opinion that the proposed levy of

user charges under Solid Waste Management may be taken up

only after total completion of the Under Ground Drainage works.

The citizens of Vijayawada City are also expressing the same opinion

 that it will be apt only to levy such user charges after completion

of the Under Ground Drainage and providing other amenities. Further,

 it is felt that the tariff proposed by the Commissioner, also needs a

re-look into the suggested slabs so as to provide relief to the poorer 

 and unaffordable sections of the population of Vijayawada city.

Therefore, they have decided to levy and collect the user charges

of Solid Waste Management from December, 2010 onwards before

the next council meeting and requested the Government to

re-examine the issue and cancel the said showcause notice to

enable the Council of Vijayawada Municipal Corporation to consider

and approval of user charges on its own;

7. And whereas, Government after careful consideration of the
matter decided to cancel  the above council resolution;

8. Now, therefore, in exercise of the powers conferred under

sub-section (1) of Section 679-A(1) of Greater Hyderabad

Municipal Corporations Act, 1955 (AP Act II of 1956), read

with section 7 of the Vijayawada Municipal Corporation Act,

1981 (AP Act 23/1981), the Government hereby cancel the

Council Resolution No.134, dated 06.08.2009 of Vijayawada

Municipal Corporation;

9. The Commissioner, Vijayawada Municipal Corporation shall

take further necessary action to collect the proposed amount as

additional fee on account of Solid Waste Management.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

                                                    T.S.APPA RAO,

                    PRINCIPAL SECRETARY TO GOVERNMENT (UD).

To

The Mayor,

Vijayawada Municipal Corporation,

Vijayawada.

The Commissioner, Vijayawada Municipal Corporation, Vijayawada.

Copy to:

The Special Secretary to CM.

The Private Secretary to M(MA&UD).

The Private Secretary to Principal Secretary to Govt., (UD), MA&UD Department.

The Private Secretary to Principal Secretary to Govt., (MA), MA&UD Department.

Law (A) Department.

Sc/Sf.

                                                           //FORWARDED::BY ORDER//

                                                              SECTION OFFICER