(1)Whoever contravenes or fails to comply with any of the provisions of the SWM Rules and/or these Bye-laws shall on conviction be punished with a fine as set out in Schedule VIII. In case of second contravention or non-compliance, the ULB shall have the power to levy a fine which could be up to twice of the amount set out against the offence in Schedule VIII. In case of third contravention or non-compliance, the ULB shall have the power to levy a fine which could be up to thrice of the amount set out against the offence in Schedule VIII.
Thereafter, in case of after fourth contravention, the ULB shall have power to cancel trade license, recover the penalty amounts as per the different modes set out in the Karnataka Municipalities Act, 1964, as the case may be and/or take any other appropriate action as may be notified from time to time.
(2) The fine or penalty mentioned in Schedule VIII shall stand automatically increased by 10% every 3 years (to the nearest multiple of Rs. 10) with effect from April 1 of such year. In addition, the ULB, in accordance with applicable law, may at any time alter or amend or vary any of the entries as mentioned in Schedule VIII of these Bye-laws in order to increase the penalties.
(3) The ULB shall take appropriate action including penalties, initiation of disciplinary action, deductions from salaries against the employees of ULB, if any of them mix segregated Solid Waste at any point of collection or transportation, fails to pick up Solid Waste during the set out time-slots, or otherwise, violate the provisions of these Bye-laws and the SWM Rules.
(4) In the event an Agency/Service Provider or Empanelled Vendor contravenes or fails to comply with any of the provisions of the SWM Rules and/or these Bye-laws, the ULB shall have the power to take any one or more of the following actions:
(i) levy a fine which may extend upto Rs. 50,000 (Rupees Fifty Thousand) for the first offence and for a second or subsequent offence with fine which may extend upto twice the penalty amount for the first offence,
(ii) termination of contract or arrangement with the ULB for C &D Waste management/ Bulk Waste management/ Solid Waste management, cancellation of empanelment certificate or any other authority granted by the ULB; and/or
(iii) suspension or revocation of any license to operate any Solid Waste collection, transportation or processing facility under these Byelaws, SWM Rules and/or applicable regulations.
(5) The ULB is at liberty to initiate appropriate proceedings under any other law in addition to any action under these Bye-laws and the Karnataka Municipalities Act, 1964, as the case may be such as the Environment (Protection) Act, 1986, the Indian Penal code, 1860, the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981 for violation of any provisions thereunder.
(6) All amounts collected as spot fines and penalties by and on behalf of the ULB under these Bye-laws shall be transferred to a separate bank account maintained for funds for Solid Waste management. These amounts shall be used towards the ULB’s operation and maintenance costs for providing Solid Waste management services under these Bye-laws, salaries of personnel, incentives, grants and other uses as may be considered appropriate by the ULB from time to time.