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Chapter -8 Provisions on Solid Waste Management Technical Co- operation Centre

Chapter -8 Provisions on Solid Waste Management Technical Co- operation Centre.
26. Establishment of the Centre:
1). A Solid Waste Management Technical Centre shall be established
to extend technical assistance to the local body for the
management of solid waste, to make study and research on
relevant subjects.
2). The office of the Centre shall be located in the Kathmandu valley.
27. Centre to be a Corporate Organization:
1) The Centre shall be an autonomous corporate organization having
perpetual succession.
2) There shall be a seal of its own for the carrying out of its activities.
3) The Centre shall acquire, utilize, dispose of or manage otherwise of
movable or immovable property as an individual.
4) The Centre may sue or complain, and may be sued or be
complained against the Centre as an individual.
5) The Centre may enter into contract as an individual or exercise its
rights or bear liabilities as an individual.
28. The Responsibilities, Duties and Powers of the Centre:
The responsibilities, duties and powers of the Centre shall be as follows:
a) To extend assistance to the local body for the improvement of
appropriate technology and capacity building enhancement for the
management of solid waste.
b) To suggest, recommend, advise concerned local body for the
improvement needed after making an evaluation and follow up of
the technical side of the solid waste management,
c) To prepare annual budget and program and submit it to the Board
of Directors for approval,
d) To extend co-operation to the local body for solid waste
management
e) To prepare a minimum standard to be followed and submit it for
approval to the Council on the nature and quantity of solid waste of
certain locations, its collection, treatment, transportation, disposal
or process of destruction and formulate a minimum standard for the
follow-up of the same,
f) To develop a new technology for the management of solid waste
and its expansion and dissemination
g) To make available technical assistance to the local body for the
construction of infrastructure required for solid waste management.
h) To make study and research by the data collection for the
management of solid waste to make public accurate details of solid
waste management.
i) To work as a research and study centre for the development of
human resources and capacity building for the management of
solid waste.
j) To draw attention of related body or institution for the appropriate
management of harmful, health institution related, chemical and
industrial solid waste.
k) To encourage to follow reducing method, by identifying and
developing the method, of solid waste on the basis of the nature of
solid waste.
l) To submit strategy, to be followed or formulated to garner public
participation in the works of solid waste management works, for
the approval of the Council.
m) To suggest or advise Local Body for fixing and realizing service
charges by making a detailed study of the subject of making the
disposal of solid waste more dependable and economically
self-sustained.
n) To implement or cause to implement the decision of the Board of
Directors and Co-ordination Committee of the Council.
O) To provide assistance or opinion after realizing service charge to
individual, organization or body from the private sector if
requested for technical assistance or opinion.
P) To carry out or cause to carry out activities as prescribed.
29. Formation of the Board:
A Board of Directors shall be constituted for the operation, supervision
and management of all activities of the Centre as follows:
a) Secretary, Ministry of Local Development – Chairperson
b) Joint Secretary, Ministry of Finance – Member
c) Joint Secretary, Ministry of Environment – Member
d) Joint Secretary, Municipality Management division, Ministry of
Local Development – Member
e) Two members, including one woman nominated from among the
specialists – Member
f) Executive Director of Solid Waste
Management Technical Centre -Member-Secretary.
2) The terms of office of the nominated member under Subsection
(1) (e) shall be of four years and may be re nominated.
30. The Responsibilities, Powers and Duties of the Board:
The responsibilities, duties and powers of the Board shall be as follows.
(a) To approve a yearly budget, plans and programmes of the Centre,
(b) To approve proposals relating to obtaining assistance from the
Centre to approve plans relating to the sale or transfer of
movable or immovable property,
(c) To give necessary directions to the Executive Director after
evaluating the administrative and technical works of the Cetre.
d) To approve the Bye- Rules of the Centre.
e) To implement or cause to implement the decisions of the Council.
f) To give necessary directions to the Executive Director of the
Centre for taking necessary actions for clearance of the arrears as
established by the audit report of the Centre after discussion on the
arrears.
g) To approve as necessary the organization chart and number of
personnel, the terms and conditions, salary and facilities of
employment of personnel.
h) To carry out other activities as prescribed.
31. Board Meeting and Directions:
1) The meetings of the Board shall convene as necessary, on the date
and venue fixed by the Chairperson.
2) The meetings of the Board shall be presided over by the
Chairperson and, in his/her absence, by the person selected from
among the members present.
3) The quorum of the meeting shall be more than fifty percent of the
total members present. The decisions of the Board shall be made
by a majority of votes, and in case of a tie the person presiding
over the meeting shall exercise a casting vote.
5) If deemed necessary the Board, may invite a national or foreign
expert on solid waste management or any official as an observer to
participate in the meeting.
6) The decisions of the Board shall be certified by the Member-
Secretary.
7) The other procedures relating to the meeting shall be as determined
by the Board itself.
32. Subcommittee or Working Group may be Formed:
1) The Board may, for the activities to be taken by the Centre, form a
sub-committee or working group as required by including experts
related to the field.
2) The responsibilities, duties, powers and procedures of the
subcommittee or working group formed under Sub Section (1)
shall be as prescribed by the Board during the formation of such
Subcommittee or Working Group.
33. Provision Relating to Executive Director:
1) The Government of Nepal may, to act as a chief administrative
authority of the Centre, appoint a person who has obtained at least
a Masters degree and gained experience of working for ten years
in the field of solid waste management, as an Executive Director of
the Centre.
2) The tenure of office of Executive Director shall be of four years
and he/she may be reappointed.
3) Not withstanding anything written in Sub-section (2), in the event
that, he/she does not perform his responsibility honestly or does not
behave as his/her post requires or is incapable of performing his/her
duty or is inefficient in effective work performance, the
Government of Nepal may relieve him/her from his/her post before
the completion of the tenure.
However, he/she shall not be deprived of the reasonable
opportunity to present his/her clarification before relieving
him/her from the post.
4) The remuneration, facilities and other terms and conditions of the
Executive Director shall be as prescribed.
34. Employees of the Centre:
1) There shall be required numbers of employees to carry out the
functions of the Centre.
2). Appointment of employees of the Centre, terms and conditions of
services, provisions on salary, facilities shall be as prescribed in
the Bye-Rules of the Centre.
35. Fund of the Centre:
1) The Centre shall have its separate fund.
2) The fund under Sub-section (1) shall have the following amounts:
a) Amounts received from the Government of Nepal.
b) Amounts received from research work or from the
consultancy services done by the Centre.
c) Amounts received as a loan or grant assistance from
international organizations, body, foreign government or
agency,
d) Amount received from any other sources
3) All the expenditures to be made in the name of the Centre shall be
made from the fund under subsection (1)
4) A prior approval from the Ministry of Finance, Government of
Nepal shall be obtained to receive any amount under Sub-Section
2 (c) by the Centre.
5) The amounts of the fund shall be deposited in a class A licensed
Bank as decided by the Board by opening an account, in
accordance with the prevailing bank and financial institution
related laws.
6) The operation of the account of the Centre shall be made according
to the Bye-Rules of the Centre.
36. Account and Audit:
(1) The account of income and expenditure of the Centre shall be
maintained according to the accounting system adopted by the
Government of Nepal.
2) The audit of the Centre shall be done by the office of the Auditor
General.
3) The Centre shall maintain an internal control system as prescribed.
4) The Government of Nepal, if wishes, may at any time inspect or
cause to inspect income-expenditure account, related documents
and cash and kinds of the Centre.
37. Annual Report:
1) The annual report containing the works done by the Centre all the
year round, shall be submitted to the Government of Nepal, within
three months of the end of the fiscal year.
2) The report under Sub-section (1) shall contain among other matters
short description of activities done by the Centre within the year,
achievements and the cost involved, future strategy and programs
and financial situation.
3) The annual report under Sub-section (1) shall be made public by
the Centre

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