Terms of Reference

Development of a draft by-laws for sanitation services for Kushtia Paurashava

Introduction

Kushtia Paurashava, with support from SNV Netherlands Development Organisation, has been implementing a project titled ‘City Wide Inclusive Sanitation Engagement (CWISE)’ project in order to increase the number of people with access to safely managed sanitation services. Kushtia Paurashava is the pioneer in ensuring the Faecal Sludge Management (FSM) full value chain process. This includes ensuing access to toilet and proper construction of septic tank/ toilet pit, providing mechanical desludging (emptying if faecal sludge from septic tank/ pit) services to the citizens, proper treatment of collected faecal sludge and making compost out of the dried faecal sludge. Currently, as per the provision of Local Government (Paurashava) Act 2019, Kushtia Paurashava intends to develop a draft by-laws for better sanitation services specifying the roles and responsibilities of engaged parties. This consultancy service is to support the Paurashava to develop a draft by-laws for sanitation services. 

Background

SNV Netherlands Development Organisation is a not-for-profit development organisation working in the sectors of WASH, Agriculture and Energy through providing advisory services, facilitating knowledge development, networking, strengthening local capacity builders, and carrying out advocacy at national and international levels. Founded in 1965, SNV has built a long term local presence in countries of Africa, Asia, and Latin America. For more information, please refer to our website: www.snv.org.

SNV is implementing a City Wide Inclusive Sanitation Engagement (CWISE) project in Southern Bangladesh under the leadership of Local Government Institutions (City Corporations and Municipalities). Over the past 5 years, the project has successfully developed a multi stakeholder coordination mechanism at the local level, bringing together local authorities, utilities, national agencies, universities, private sector and civil society around urban sanitation. The main objective of the project is to demonstrate a city-wide, pro-poor, accountable, safe and sustainable faecal sludge management services for the urban context in Bangladesh, showing improvement in the living environment and contributing to the health and well-being of the urban population.

Kushtia is one of the oldest Paurashava in the then Bengal Province which was established in 1869. It is a Class ‘A’ Paurashava with 21 wards and approximately 375,000 population living in around 32,000 holdings. Total area of the Paurashava is about 43 square kilometers. Kushtia Paurashava is responsible for the development of the city and ensuring better municipal services and living standards for city dwellers.

The Local Government (Paurashava) Act 2019 gives Paurashavas the responsibility of urban sanitation and Faecal Sludge Management (FSM). It assigns responsibility to households for construction and maintenance of latrines and garbage disposal (including faecal sludge). Improper disposal of faecal sludge is treated as an offence under the Act. In Paurashavas, septic tank system and different form of pit latrines are predominant sanitation systems. However, in the absence of effective Sanitation/ FSM services and lack of monitoring, direct discharge of toilet wastewater into storms drains/ sewers/ open areas is common in most Paurashavas.

Kushtia Paurashava has been implementing Faecal Sludge Management (FSM) services (Emptying, transportation, treatment and re-use) for last 8 years with support from development partners. SNV joined this initiatives since 2014 to strengthen their on-going initiatives and support to develop and implement long term urban sanitation Plan. Paurashava council has already prepared a long term city wide sanitation visionary plan (2018-2025). The plan is now being implemented by Paurashava with support from SNV and other stakeholders.

The baseline survey of the project (2017) shows that only 7.3% of households (HH) in Kushtia used an environmentally safe toilet with a functional soak well though 50 percent households in Kushtia were used septic tank as containment. Seventy four percent of households that have a septic tank were connected to a drain or surface water in Kushtia. The majority of toilets were improved and inaccessible to flies. However, as the containment was not working properly human faeces were disposed directly to open drains or water bodies, which thereby contaminating surface or ground water. Forty percent of households in Kushtia have functional toilets free of blockages in the water seal, but there was no water available within the toilet cubicle. In Kushtia, around 20% of the HHs practiced environmentally safe or mostly safe emptying or conveyance of the septic tank/ pit while 44% practice unsafe emptying or conveyance.  Only six percent of households practiced safe treatment and disposal of faecal sludge.

Kushtia Paurashava reviews the design of building including septic tank and gives permission for construction following Bangladesh National Building Code. A fee is charged. It also monitors the construction of buildings and septic tanks. Many of the central government agencies located within municipal boundary do not take permission for construction of their building. According to them, they don’t require as their design section developed and approved the design. Through different projects, Paurashava provides toilets to the poor households in order to ensure access to toilet facilities by all. Kushtia Paurashava is the pioneer in Bangladesh to outsource operation of FSTP and Co-compost plant since July 2016 but the mechanical desludging services along with final disposal in the treatment plant is still the municipality’s responsibility. For pit emptying services Paurashava charges a fee per volume and by type of containment. The private operator sell the compost to the markets.  It has established a mini laboratory inside the FSTP for ensure the quality of co-compost. Kushtia Paurashava intends to impose sanitation tax as per provision of Paurashava Model Tax Schedule 2014 for financing the investments required for better sanitation services.

Rationale of the assignment

The Local Government (Paurashava) Act 2009 present the roles and responsibilities of the Paurashavas in Bangladesh. The main responsibilities of Paurashavas are outlined in the Act (Part three, Chapter 2, Article 50). Here it mentioned that the main responsibilities of the municipality shall be to provide all types of citizen benefit to citizens of respective area according to established rules under this and other Acts. It also includes infrastructural development, implementation and issuing urban development plans, including building controls to provide municipal services to the citizen of the municipal area.  
To fulfil the above roles, the Act gives Paurashavas the responsibilities related to provide urban sanitation and Faecal Sludge Management (FSM) services. The Act assigns responsibility to households for construction and maintenance of latrines and garbage disposal (including faecal sludge). Improper disposal of faecal sludge is treated as an offence under the Act. The specific roles and responsibilities of Sanitation and FSM may be further formulated in rules, regulations and government circulars under the purview of the Act.

Local Government (Paurashava) Act 2009 give a Paurashava power to make by-laws. It specifically mentioned that a municipality may, and if so required by the Government shall, make by-laws, not inconsistent with the Act, to carry out the purposes of this Act. In particular and without prejudice to the generality of the foregoing power, such by-laws may provide for all or any of the matters enumerated in the Eighth Schedule, and all matters incidental, consequential and supplemental thereto.

Therefore a Paurashava can prepare a by-laws on sanitation under the following provision in the Eighth Schedule of this Act:

• For the purpose of health system management, inspection of lands and households, cleaning and disposal of waste by house owner, installation and visit of personal latrine and urinal shall be done with information on public duties and responsibilities and providing license to the sweeper.
• Control of erection or re-creation of a building, inspection of a building, demolish of approved establishment work, offences related to erection or re-creation, fees for erection or re-creation works.
• Control, maintenance, cleaning and inspection of private drains and drainage related offences.
• Development and improvement of any activity of municipality.
• Other essential issues that may defined by-laws and any other rules under this ordinance.

Currently there are no rules or by-laws for sanitation services especially on inspection modalities of the septic tanks or pit latrines, procedures for imposing penalties for disposing faecal sludge into the drain or water bodies, tariff structure for emptying services, scheduled desludging, pricing for compost produced, etc. However government, time to time, issues different circulars/ guidelines for implementation of the Act by the Paurashava. Among them Local Government Division has circulated Paurashava Model Tax Schedule 2014; guidelines for approval of the design/drawing of building/establishments under municipal jurisdiction; guidelines for protecting life of working labours engaged in cleaning and management of septic tank through averting unwanted accident; etc. Please note that in 1999, Government of Bangladesh has developed a model by-laws for Paurashava water supply.

Therefore as Kushtia Paurashava has been providing different services for sanitation to its citizens for couple of years, at this stage is it felt necessary to have a by-laws that spelled out responsibility of different actors including citizens and Paurashavas and detailed out the procedures for service delivery and ensure accountability. This will also be a base for septic tank inspection modalities, tariff structure, procedures for imposing penalties, schedule desludging, procedures for imposing sanitation tax, etc.

Objective of this assignment

The overall objective of this assignment is to develop a draft by-laws for sanitation services for Kushtia Paurashava complying with the existing legal and policy framework of Government of Bangladesh.  
The specific objectives are: 

• To review Legal and other Governing Factors Related to Sanitation in Municipalities of Bangladesh.
• To identify the rights and responsibilities of the citizens of Kushtia Paurashava area and the visitors as well as the sanitation service providers and duty bearers for maintain better sanitation as defined by the Government of Bangladesh.     
• To prepare a draft By-laws for sanitation services for Kushtia Paurashava using proper terms and formats being practiced in Bangladesh.
• To suggest appropriate process for approval of the by-laws by the authority as defined.

Scope of work:

• This by-law is limited to sanitation that implies managing human faces covering the entire sanitation value chain within the boundary of Kushtia Paurashava. This by-law will not include management of solid waste, waste water other than the septage/ black water.    
• Planning/ inception meeting: the consultant will visit Kushtia Paurashava within two weeks of inception of the assignment and arrange a planning meeting with relevant personnel of Paurashava and SNV. This meeting will agree on detailed plan of the assignment.
• Review of the secondary documents:
• The consultant will collect secondary/ reference documents including acts/ rules/ policies relevant for developing by-laws in general and specific for sanitation; this should include the rights and responsibilities of the citizens, service providers and duty bearers in relation to sanitation.   
• During the inception meeting the Consultant will share the list of documents they will review and get consensus;
• A separate short report will be prepared on the findings from review of the secondary/ reference document; 
• Local and National level consultation:
• The Consultant will arrange consultation with Paurashava Council, relevant Standing Committees, and officials
• Consultation with local level service providers and duty bearer. That may include relevant district level offices of Government Departments (education, health, environment, public works, public health engineering, local government engineering department, etc.). The service providers also include those who provide toilet construction and maintenance services, faecal sludge emptying and treatment services.      
• Community consultation: the consult will get opinion of citizens including the households and non-households holding owners about their expectation on sanitation services and the responsibility they can bear.
• National level consultation: The Consultant will perform consultation with the national level stakeholder on sanitation by-laws specially the legal and policy issues. The national level stakeholder may include the relevant ministry and agencies like Local Government, Health Services, Education, Environment, Public Works, etc.
• Preparation of draft validation workshop:
• The draft by-laws will be shared with Kushtia Paurashava and SNV in a meeting in Kushtia Paurashava for their feedback two weeks before presenting the draft in the validation workshop. The reports and transcripts of the consultations (Workshops, KII, FGD) will also be submitted with the draft-by-laws. Paurashava and SNV will give feedback in seven working days upon receipt of the draft report.           
• Validation workshop:
• The consultant will arrange a validation workshops of the draft by-laws in Kushtia with local level stakeholders.
• The presentations will share the draft version to each of the participants of the workshop. Both the workshops will have presentations and discussions in Bangla.   
• The consultant will note down the feedback from the participants and share with Kushtia Paurashava and SNV.
• Finalisation of draft by-laws for sanitation services:
• The Consultant will review and incorporate the feedback and prepare the final-draft version of the Kushtia Paurashava Sanitation By-laws.
• This version will be shared with Kushtia Paurashava and SNV mentioning the changes on the draft version.
• Kushtia Paurashava and SNV will review and finalise the draft by-laws for submission in the Council meeting for approval.
• If the Council gives any feedback the Consultant address them and re-submit the draft-by-laws.
• The consultant may need to make presentation (s) as required by the ministry as part of their vetting process.  
• The consultant will detailed out the methodology and if required propose additional activities if they feel necessary.

Implementation arrangements

• A participatory process will be followed for drafting of the by-laws. Therefore a series of meetings/ workshops/ consultations with Paurashava council members and official will be required.  
• Kushtia Paurashava will form a small team for this purpose while SNV will also nominate two persons to keep contact with the team and the Consultant.
• The team will review the detailed plan, consultation methods, tools and participants, draft outline of the by-laws and draft by-laws. The Consultant should have planning/ inception meeting, and other meetings with this team as necessary.     

Deliverables 

The Consultant is expected to deliver the following: 

• Inception report: the inception report should include detailed methodologies, activity plan and schedule, list of secondary/ reference materials to be reviewed and initial outline of the by-laws in English.
• A short report on the findings from review of the secondary/ reference documents; this report should include the key finding on rights and responsibilities of the citizens, service providers and duty bearers in relation to sanitation. This report will be in Bangla and English.   
• Report on the validation workshops incorporating the feedback of the participants in Bangla and English.
• Draft Sanitation By-laws for Kushtia Paurashava in Bangla and English
• A short report on appropriate process for approval of the by-laws by the authority as defined in Bangla.
• Final draft Sanitation By-laws for Kushtia Paurashava in Bangla and English
• Assignment completion report incorporating the process of developing the draft final by-laws in English.
• All hard copy and e-copy of the reports and transcripts of the consultations (Workshops, KII, FGD) in Bangla

Timeframe

A total of sixteen weeks is required for this assignment.

Human resource requirement

The Consultant/s must have relevant educational background and experiences on legal/ policy issues, institutional development, and urban sanitation. Consultant must have understanding about municipal services and experiences in municipal institutional development of municipalities in Bangladesh.  

Payment modalities

Selected consultant will be paid in four instalment as follows:

Payment to the selected Consultant will be made to the agreed account in four instalments upon receiving of invoice: 1) 25% after signing the agreement; 2) 35% upon submission of draft by-laws; 3) 30% upon completion of validation workshop and submission of draft-final report; 4) 10% upon submission of the final by-laws and completion report with all the remaining deliverables.

SNV will make payments in compliance with the rules of Bangladesh Government. As per income tax law, Tax will be deducted from the main budget amount by SNV (in general for national consultants 10%). VAT will be added to the main budget and kept at source (15%). Only VAT is required to be included in the total budget.

Selection criteria 

Following are the selection cirteria 
Technical Score (80%):

• Company Profile (related experience): 15%
• Understanding of the ToR: 15%
• Methodology, 30%
• Team Composition, 20%

Financial Proposal (20%).

Only short listed consultants will be invited for presentation.

Application

Interested organisations or consulting firms or individuals are requested to submit their technical and financial proposals with the details on organisational overall and similar experience, methodology including activities and milestones, budget details, time frame and CVs of expert(s).

Electronic copy of the proposal duly signed should be submitted to bangladesh@snv.org  with the subject line: Development of a draft by-laws for sanitation services for Kushtia Paurashava latest by 10:00am of 29 September 2019.