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Chapter- 9 Offenses and Punishment

Chapter- 9 Offenses and Punishment
38. Offense:
Anybody committing any of the following acts shall be considered to have committed an offense under this Act:
a) Discharge of solid waste in places and time other than prescribed by the local body,
b) Unauthorized use of solid waste placed in the container or solid waste collection centre,
c) Damaging, destroying the container placed in solid waste collection centers displacing the container from its position, or inflicting any loss to the collection centre,
d) To carry out solid waste management works without obtaining permission under this Act,
e) Violating the terms and conditions mentioned in the license issued for the management of solid waste issued under this Act,
f) Throwing, placing or depositing any kind of harmful substance at the solid waste collection centre, container or solid waste depositing place,
g) Placing, throwing or depositing solid waste from the house, compound and premises on the road or on any other public places,
h) Polluting other’s house or land by the leaches or sewer leakage,

i) Stoppage of any vehicle or denial to move away any stopped vehicle from the road or from any other public place at the time  and place prescribed by the Local Body, during solid waste collection or cleaning work is being carried out,
j) Throwing, placing, depositing or discharging any kind of harmful waste, except in places prescribed by the Local Body like a road or  on any other public places, causing detrimental effect to the public
health, ,
k) Littering everywhere, placing, discharging or causing to discharge harmful waste, chemical waste, industrial waste, health institutions related waste.
l) Littering everywhere, placing, discharging or causing to discharge  harmful waste by industrial enterprise or health institutions, emanating from industry or health institution,
m) Creating obstruction in the collection, transportation and management of solid waste,
n) Creating obstruction, ‘Bandha’ (strike), or ‘gherao’ (circumvention) on solid waste collection, transportation works or at the final discharge site or call strikes at the solid waste management work,
o) Manufacture, sale or distribute any material banned for generating excessive waste by the Government of Nepal through the  publication of notice in the Nepal Gazette.
p) Importing chemical poison contrary to the provisions of Section 44 or not fulfilling the responsibility of destroying date expired medicine.
q) Discharging solid waste by mixing without segregating at its source contrary to the provisions of Section 6.
r) Placing, throwing or stockpiling of dead or slaughtered animal or bird, and their excrement (from the stomach and entrails,) feathers, bones and scales of fish etc .at public places, roads, lanes, chowks.
39. Punishment:
1) The Local Body may, for committing offences under Section 38 paragraph(a), punish a person (an offender) for the first time with a fine amounting up to five thousand Rupees, and for the second time if the same offense is committed a fine ranging from five thousand Rupees to ten thousand rupees, if the same offense is
committed for the third time or more a fine of fifteen thousand Rupees for each time shall be imposed and the expenses incurred for loading the solid waste also may be realized from him/her.
2) The Local Body may impose a fine on an offender committing an offense under Section38 paragraph (b) and (i), ranging from five hundred Rupees to five thousand Rupees.
3) The Local Body may, impose a fine on an offender committing an offense under Section 38 paragraph (c), ranging from fifteen thousand rupees to Fifty Thousand Rupees and realize the expenses to be incurred for making management of container or collection centre.
4) The local Body may, impose a fine on an offender committing an offence under Section 38 paragraph (d) and (e) ranging from fifteen thousand rupees to fifty thousand Rupees and also impose ban on the activities until a license is obtained.
5) The Local Body may impose a fine on an offender committing an offense under Section 38 paragraph (f) ranging from five thousand rupees to fifteen thousand rupees and also realize a compensation amount from the such offender, if any damage has been caused by such substance or matter.
6) The Local Body may impose a fine on an offender committing an offense under section 38 paragraph (g), (h) and (r) ranging from five thousand rupees to fifteen thousand rupees.
7) The Local Body may impose a fine on an offender committing an offense under Section 38 paragraph (j) ranging from thirty thousand rupees to fifty thousand rupees
8) The Local Body may impose a fine on an offender committing an offense under Section 38 paragraph (k) (l) (p) ranging from fifty thousand rupees to one lakh and if the same offense is committed again a fine the imposed for the first time shall be doubled and may refer for the revocation of license to the concerned agency.
9) The Chief District Officer of concerned district may impose a fine on an offender committing an offense under Section 38 paragraphs (m) and (n) ranging from ten thousand rupees to fifty thousand
rupees or award an imprisonment ranging from fifteen days to three months or both.
10) The Chief District Officer of concerned district may impose a fine on an offender committing an offense under Section 38 paragraph (o) ranging from five thousand rupees to ten thousand rupees or
award an imprisonment up to three months or both.
11) The local body may impose a fine, on an offender committing an offense under Section 38 paragraph (q), of five hundred rupees for each time the offense is committed.
40. Services and Facilities may be Blocked:
1) The Local Body may block any service or facility to any person who defaults to pay or disobeys to pay the prescribed service charges under this Act and, in addition to that the Local Body
may block electricity and telephone services and house and land transaction by sell or otherwise in his/her name by writing to the concerned body. However, before writing as above, the concerned person shall be
given information in writing.
2) It shall be the duty of the concern body to block such services and facilities if a written request is received under Sub-section (1) 41. State Offenses:
The offenses under Section 38 paragraph (m) (n) (o) shall be initiated as Government cases, and these offenses shall be considered to be included in Annexure -1 of the State Agencies Act, 2049.
42. An appeal may be filed
Any person dissatisfied with the punishment awarded under Section 39, may appeal against the decision within thirty five days of the date of such order made to the concerned Appellate Court.

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