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Chapter -10 Miscellaneous

Chapter -10 Miscellaneous
43. Management of health related waste:
1) Any agency granting permission to establish a health institution in accordance with Nepal law shall, prior to granting such permission for the establishment and operation of health institutions, ascertain whether or not she has made appropriate provision for the waste management and if satisfied, such permission may be granted.
2) While granting permission under Sub-section (1), the health agency may prescribe special conditions to be observed or standard to be maintained in waste management.
44. Provisions on Chemical Poison:
1) The import of chemical poison shall only be made remaining within the prescribed standard.
2) The responsibility of destroying the date expired chemical poison under the prescribed standard shall be on the concerned person or body.
45. To Maintain Record of Community Based Agencies Involved in
the Solid Waste Management:
1) Every local body may maintain a record of community agencies of its area working in the area of solid waste management.
2) The details to be maintained under Sub-section (1) may contain a working area of that agency and nature, manpower, financial and technical resources and other details may also be mentioned as
prescribed by the Local Body.
46. To Provide Information:
Anybody operating solid waste management program with the assistance of any foreign individual, body, organization or donor agency, shall inform the Ministry through the Local Body.
47. Delegation of Power:
1) The Council may, except making decisions on policy issues, delegate as necessary, some of the vested power to the president
or a member of the Council.
2) The Board may delegate some of its vested power, as necessary to the Chairperson, member or Executive Director of the Board.
3) The Executive Director may, delegate some of the vested power, as necessary to any officer employee of the Centre.
48. Communication with the Government of Nepal:
The Council or Centre shall communicate with the Government of Nepal through the Ministry of Local Development.
49. Prize may be awarded:
1) The Centre may award suitable prizes to honour any individual or organization who has developed newer approaches for solid waste management or has encouraged such activities or has contributed
in the solid waste management activities.
2) The concerned Local Body may award honors and may also provide a cash prize to an individual who complains with evidence against any individual who, has placed, deposited or thrown solid waste haphazardly contrary to this Act
50. Power to frame Rules and Bye Rules:
1) The Government of Nepal may frame necessary Rules to implement the objectives of the Act.
2) The Centre may frame and apply necessary Bye-Rules under the Act and Rules to be framed under this Act.
However, approval of the Ministry of Finance shall be obtained, while framing Bye-Rules which might incur the financial burden to the Government of Nepal.
51. Standard or Directives may be Issued:
1) The Centre may after making consultations set, for management of different types of solid waste, different standards, within the scope of this Act or the Rules to be framed under this Act..
2) The concerned Local Body may formulate and implement necessary guidelines for the management of solid waste.
52. Prevalence of this Act:
On matters relating to solid waste, the provisions of this Act shall apply and, on other matters, the prevailing law shall be applicable.
53. Repeal and Savings:
1) Solid Waste (Management and Operation) Act, 2044 is hereby repealed.
2) All acts and proceedings performed or executed under the Solid Waste (Management and Operation) Act 2044 shall be deemed to have been performed or executed under this Act.
3) All the movable and immovable property, employees and liabilities of the Solid Waste Management and Resources
Mobilization Centre constituted under the Act mentioned in Sub-section (1) shall be transferred to the Centre under this Act.

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