Solid Waste Management Act, 2068 (2011) : Preamble
Solid Waste Management Act, 2068 (2011) : Preamble
Solid Waste Management Act, 2068 (2011) : Preamble
np
Now therefore, this Act has been promulgated by the Constituent Assembly in
the capacity of Parliament under Article 83 of the Interim Constitution of
Nepal, 2063.
Chapter 1
Preliminary
(1) This Act may be called as “Solid Waste Management Act, 2068”
c) “Container” means the utensil, box, basin or any other material used for
collection of waste, used for collection of solid waste and kept at
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specific places, this word shall also mean any ware used for the
production of compost fertilizer.
g) “Reduction” means the process used for ‘reducing the quantity, size and
effect of the solid waste by the use of any technology or knowledge.
l) “Recycling” means the process by which the solid waste is changed on its
appearance or property into any other useful substance or product,
fertilizer, gas, energy or other substance by which solid waste
management is made.
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w) "Collection Centre" means a place specified by the local body where the
solid waste produced from household is collected and is thrown, placed
or deposited for a prescribed period of time and this term shall also
mean the vehicle needed for collection of solid waste or the collector
communing to households prescribed by the local body for household
solid waste collection.
bb) "Health institution related waste'' means harmful waste produced and
discharged from hospital, clinic, pharmacy, medicine shop, blood bank,
pathological laboratory, animal health related body or health research
centre etc.
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Chapter 2
2) The local body shall be responsible for the arrangement or its use
in any other way of the solid waste collected in the course of
cleaning, throwing or placing of solid waste at solid waste
collection centre, transfer centre or processing site.
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1) The local body shall prescribe to separate the solid waste into at
least organic and inorganic including different kinds at its source.
1) The time, place and manner for discharge of solid waste shall be
as determined by the local body.
3) The time, place and manner for discharge of solid waste under
Sub-Section (1) at the collection centre shall be as determined by
the Local Body.
Chapter -3
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4) The local body shall, for prescribing a sanitary landfill site under
Sub-section (1) or (2), in case of non- availability of land, after
selecting an appropriate site, request the Ministry for making
available such site.
5) The Ministry shall make the land (site) available after acquiring
such land, if any request is received pursuant to Sub-section (4),
under prevailing Nepal law.
6) The Ministry may, on the written request from local body, in case
of appropriateness of landfill site both local bodies, prescribe a
place as Solid Waste Management Landfill Site.
7) The operation of the landfill site and the works to be carried out
after the closure, shall be carried out according to the prescribed
environmental standard.
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Chapter - 4
3) The concerned local body may issue a license after making the
necessary inquiry in the application filed under Sub-section (2).
4) Local body may issue a license under Sub-section (3) only after
obtaining permission from the Government of Nepal on condition
that the technology shall be transferred by the foreign company,
organization or body within the time period mentioned in the
agreement in case of non-availability of technology necessary for
the management, recycle use, processing or disposal of solid
waste.
(1) The local body as necessary after making for competition under
Section 15 from among the company or community sector
licensed under Section 13 or by following any process
concerning private investment law in the infrastructure
construction and operation may cause management of the solid
waste of its area.
1) The local body shall, for causing solid waste management works
under Section 14 from the private sector or community sector
organizations, make competition by calling tender and select a
manager and award the function of management.
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Chapter -5
1) The Local Body may fix service charge and realize from the
concerned person, body or organization for making the
management of the solid waste.
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3) The charges under Sub Section (1) may be realized by the concerned
local body itself or through any organization or body specified by
it.
5) The local body shall spend the income, generated through the
charges and the income received by involving the private sector in
the management of solid waste, for the management of solid waste,
environmental protection and development of landfill site of the
affected areas by making a separate heading and confining it within
the prescribed standard.
4) The services of users of the service who pay the dues of service charges
under Section 18 shall be resumed after the payment.
Chapter - 6
1) The Local Body shall bear the responsibility of the managing the
solid waste collected from its area in a manner so that the adverse
effects on the environment would be minimized as less as possible.
3) The Local Body shall follow the standard set under this Act, while
conducting discharge and management of collecting solid waste.
(1) The Local Body shall make or cause to make regular follow up of
solid waste management and discharge works.
(2) The Local Body shall for the purpose of follow up to be made or
cause to be made, prepare necessary plan of action and apply it.
3) The person deputed for follow up under Sub-section (1) shall submit
report after the completion of follow up works to the concerned
Local Body.
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1) The Local Body shall, prepare a master plan for the financial,
economic, social, physical development and environment
conservation for the landfill site affected area and implement the
plan by preparing various programs.
2) The Local Body may principally run programs for the purpose of
Sub-section (1) on the following Sectors;-:
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Chapter - 7
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Chapter -8
2). The office of the Centre shall be located in the Kathmandu valley.
2) There shall be a seal of its own for the carrying out of its activities.
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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.
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.
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2) The fund under Sub-section (1) shall have the following amounts:
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2) The audit of the Centre shall be done by the office of the Auditor
General.
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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.
Chapter- 9
38. Offense:
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39. Punishment:
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.
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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.
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)
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.
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.
Chapter -10
Miscellaneous
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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
2) The Centre may frame and apply necessary Bye-Rules under the
Act and Rules to be framed under this Act.
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On matters relating to solid waste, the provisions of this Act shall apply
and, on other matters, the prevailing law shall be applicable.
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