Section 3
Functions, Duties And Powers Of The Centre
3.1 Functions and Duties of the Centre
3.1.1 The Function and Duties of the Centre shall be as follows:
3.1.1.1 To formulate polices in regard to the implementation of the plan.
3.1.1.2 To supervise whether or not the plan is being implemented, and
issue necessary directives accordingly.
3.1.1.3 To undertake basic construction, repair and maintenances works in order to control Solid Wastes and obtain the cooperation of Municipalities for the purpose, if so deemed necessary.
3.1.1.4 To make available a container service for the purpose of disposing of, keeping, or dumping solid wastes or to prescribe appropriate places for the purpose.
3.1.1.5 To make appropriate arrangements for transportation of the collected solid wastes to the transit point, the place where solid wastes are finally disposed of, or the place of production.
3.1.1.6 To make necessary arrangements for the disposal of solid wastes in a pollution free manner.
♣ 3.1.1.7 To produce briquettes, compost fertilizer or bio-gas from the collected solid waste.
3.1.1.8 To make arrangements for the mobilization of the collected solid wastes by using them in a form suitable for their reuse.
♣ 3.1.1.9 To make available technical advice or other necessary assistance to any individual, instruction or body in connection with the management and control of solid wastes.
♣ 3.1.1.10 To classify harmful solid waste, and check (their emissions), or
make arrangements for doing so.
3.1.1.11 To conduct or cause to conduct study and research required for management, control, and resource mobilization concerning solid wastes.
♣ 3.1.1.12 To extend or cause to extend necessary assistance in case anyone requests for placing garbage containers at different places for the purpose of disposing of minor garbage and dirt.
3.1.1.13 To make arrangements for public toilets, abattoirs, baths, etc. according to need.
♣ 3.1.1.14 To provide or cause to provide training in matters concerning solid waste management and environmental sanitation.
3.1.1.15 To publicize through mass media functions relating to the disposal and control of solid wastes in order to ensure the participation of the local people.
3.1.1.16 To maintain or cause to maintain necessary coordination and harmony among different institutions.
3.1.1.17 To undertake or cause to undertake other functions necessary for fulfilling the objectives of this Act.
3.2 Powers of the Centre
♣ 3.2.1 The powers of the Centre shall be as follows:
3.2.1.1 To obtain loans from the local banks or institutions.
3.2.1.2 To obtain loans from foreign governments or institutions, or international organizations or associations.
3.2.1.3 To collect the prescribed fees from individuals, institutions, or bodies obtaining sanitation services.
3.2.1.4 To sell and distribute briquettes, compost fertilizer or bio-gas produced from the solid waste collected.
3.2.1.5 To convert solid wastes into reusable commodities.
3.2.1.6 To collect the prescribed fees from individuals, institutions, or bodies obtaining training or services relating to solid waste management and environmental sanitation.
3.2.1.7 To perform or arrange for performing other necessary functions n order to fulfill its obligations under this act or the rules framed hereunder.
3.2.2 While exercising the powers conferred under Sub-section 3.2.1.2, the Centre shall obtain the prior approval of the Government of Nepal.
3.3 Formation of the Board of Directors.
3.3.1 Board of Directors shall be formed in order to conduct, supervise and manage all the functions and operations of the Centre.
3.3.2 Except otherwise provided for elsewhere in this act, the Board of Directors shall exercise and fulfill all the powers and duties of the Centre subject to this act or the rules framed hereunder.
♣ 3.3.3 The Board of Directors shall consist of the following members:
3.3.3.1 A person appointed or designated by
Government of Nepal – Chairperson
3.3.3.2 Representative, Ministry of Finance – Member
3.3.3.3 Representative, Ministry of Local
Development – Member
3.3.3.4 Representative, Ministry of Housing and
Physical Planning – Member
3.3.3.5 Representative, Ministry of Forests and
Environment – Member
3.3.3.6 Member-Secretary, Kathmandu Valley
Urban Development Committee – Member
3.3.3.7 General Manager, Nepal Water Supply
Corporation – Member
3.3.3.8 Mayor or his/her nominee member,
Kathmandu Municipality – Member
3.3.3.9 Mayor or his/her nominee member,
Lalitpur Municipality – Member
3.3.3.10 Mayor or his/her nominee member,
Bhaktapur Municipality – Member
3.3.3.11 General Manager, Solid Waste
Management and Resource Mobilization
Centre – Member-secretary
3.3.4 The tenure of
♣ the Chairperson of the Board shall be of four years and
may be reappointed after the expiry of the tenure.
3.3.5 If Government of Nepal so deems necessary, it may alter or charge the
members of the Board by notification in the Nepal Gazette.
3.3.6 If the Board so deems necessary, it may invite any local or foreign expert
or advisor to attend its meetings as an observer.
3.4 Meetings and Decisions of the Board
3.4.1 Meetings of the Board shall be held as prescribed by the Chairperson.
3.4.2 The quorum required for meetings of the Board shall be considered to have
been fulfilled in case fifty percent of the total numbers of members are
present.
3.4.3 Meetings of the Board shall be presided over by the Chairperson, and, in
his/her absence, by a member chosen by the attending members from
among themselves.
3.4.4 The opinion of the majority shall prevail on meetings of the Board and in
the case of a tie; the Chairperson shall exercise his/her casting vote.
3.4.5 The decisions of the Board shall be authenticated by the Member-Secretary.
3.4.6 Other procedures of meetings of the Board shall be as determined by itself.
3.5 Provisions Regarding Conditions of Service and Facilities of the Chairperson.
Provisions regarding the conditions of service and facilities of the Chairperson
shall be as prescribed.
3.6 Provisions Regarding Conditions of Service and Facilities of the General
Manager
3.6.1 The general Manager shall be appointed by Government of Nepal.
3.6.2 The General Manager shall be the chief Administrative authority of the
Centre and he/she shall have full powers and duties concerning the
implementation of the decisions of the Board, and supervision and control
of the functions and operations of the Centre.
3.6.3 Provisions concerning the conditions of service and facilities of the General
Manager shall be as prescribed.
3.7 ♣ Power to Appoint or Designate Inspection Officer
3.7.1 The Centre may appoint Inspection Officers or
♦ designate any
Officer of the Centre to work as an Inspection Officer as required in
order to effectively conduct the function of controlling solid wastes.
3.7.2 The functions, duties and powers of an Inspection Officer shall be a
follows:
3.7.2.1 To work in the capacity of a chief of the Inspection Team formed
under Section 4.7, and to determine by conducting site visits whether
or not functions relating to the control and management of solid
wastes are being carried out in accordance with this Act or the Rules
or Bye-laws framed hereunder.
3.7.2.2 To take action if any one is found performing actions prohibited
under Section 5.1.
3.7.2.3 To submit, to the Centre from time to time, reports prepared on the
basis of inspections conducted in regard to whether or not functions
relating to the management and control of solid wastes are going on
in a smooth manner.
3.7.2.4 To perform or cause to perform any other function prescribed by the
Centre.
3.8 Power to Designate Inspection Officer
The Centre may designate any officer as Inspection Officer, with the approval of
the chief of the concerned Department, in order to perform, fulfill and exercise the
functions, duties and powers of an Inspection Officer under this Act.
3.9 Power to Form Sub-Committees
3.9.1 The Centre may form different Sub-committees for the purpose of
undertaking functions relating to solid waste management and resource
mobilization by conducting sanitation operations.
3.9.2 The functions, duties and powers, as well as the procedures, of the sub-
committees shall be as prescribed.
3.9.3 The Centre may designate any one of the sub-committees to perform
functions under Sub-section 5.2.5.
3.1.1 The Function and Duties of the Centre shall be as follows:
3.1.1.1 To formulate polices in regard to the implementation of the plan.
3.1.1.2 To supervise whether or not the plan is being implemented, and
issue necessary directives accordingly.
3.1.1.3 To undertake basic construction, repair and maintenances works in order to control Solid Wastes and obtain the cooperation of Municipalities for the purpose, if so deemed necessary.
3.1.1.4 To make available a container service for the purpose of disposing of, keeping, or dumping solid wastes or to prescribe appropriate places for the purpose.
3.1.1.5 To make appropriate arrangements for transportation of the collected solid wastes to the transit point, the place where solid wastes are finally disposed of, or the place of production.
3.1.1.6 To make necessary arrangements for the disposal of solid wastes in a pollution free manner.
♣ 3.1.1.7 To produce briquettes, compost fertilizer or bio-gas from the collected solid waste.
3.1.1.8 To make arrangements for the mobilization of the collected solid wastes by using them in a form suitable for their reuse.
♣ 3.1.1.9 To make available technical advice or other necessary assistance to any individual, instruction or body in connection with the management and control of solid wastes.
♣ 3.1.1.10 To classify harmful solid waste, and check (their emissions), or
make arrangements for doing so.
3.1.1.11 To conduct or cause to conduct study and research required for management, control, and resource mobilization concerning solid wastes.
♣ 3.1.1.12 To extend or cause to extend necessary assistance in case anyone requests for placing garbage containers at different places for the purpose of disposing of minor garbage and dirt.
3.1.1.13 To make arrangements for public toilets, abattoirs, baths, etc. according to need.
♣ 3.1.1.14 To provide or cause to provide training in matters concerning solid waste management and environmental sanitation.
3.1.1.15 To publicize through mass media functions relating to the disposal and control of solid wastes in order to ensure the participation of the local people.
3.1.1.16 To maintain or cause to maintain necessary coordination and harmony among different institutions.
3.1.1.17 To undertake or cause to undertake other functions necessary for fulfilling the objectives of this Act.
3.2 Powers of the Centre
♣ 3.2.1 The powers of the Centre shall be as follows:
3.2.1.1 To obtain loans from the local banks or institutions.
3.2.1.2 To obtain loans from foreign governments or institutions, or international organizations or associations.
3.2.1.3 To collect the prescribed fees from individuals, institutions, or bodies obtaining sanitation services.
3.2.1.4 To sell and distribute briquettes, compost fertilizer or bio-gas produced from the solid waste collected.
3.2.1.5 To convert solid wastes into reusable commodities.
3.2.1.6 To collect the prescribed fees from individuals, institutions, or bodies obtaining training or services relating to solid waste management and environmental sanitation.
3.2.1.7 To perform or arrange for performing other necessary functions n order to fulfill its obligations under this act or the rules framed hereunder.
3.2.2 While exercising the powers conferred under Sub-section 3.2.1.2, the Centre shall obtain the prior approval of the Government of Nepal.
3.3 Formation of the Board of Directors.
3.3.1 Board of Directors shall be formed in order to conduct, supervise and manage all the functions and operations of the Centre.
3.3.2 Except otherwise provided for elsewhere in this act, the Board of Directors shall exercise and fulfill all the powers and duties of the Centre subject to this act or the rules framed hereunder.
♣ 3.3.3 The Board of Directors shall consist of the following members:
3.3.3.1 A person appointed or designated by
Government of Nepal – Chairperson
3.3.3.2 Representative, Ministry of Finance – Member
3.3.3.3 Representative, Ministry of Local
Development – Member
3.3.3.4 Representative, Ministry of Housing and
Physical Planning – Member
3.3.3.5 Representative, Ministry of Forests and
Environment – Member
3.3.3.6 Member-Secretary, Kathmandu Valley
Urban Development Committee – Member
3.3.3.7 General Manager, Nepal Water Supply
Corporation – Member
3.3.3.8 Mayor or his/her nominee member,
Kathmandu Municipality – Member
3.3.3.9 Mayor or his/her nominee member,
Lalitpur Municipality – Member
3.3.3.10 Mayor or his/her nominee member,
Bhaktapur Municipality – Member
3.3.3.11 General Manager, Solid Waste
Management and Resource Mobilization
Centre – Member-secretary
3.3.4 The tenure of
♣ the Chairperson of the Board shall be of four years and
may be reappointed after the expiry of the tenure.
3.3.5 If Government of Nepal so deems necessary, it may alter or charge the
members of the Board by notification in the Nepal Gazette.
3.3.6 If the Board so deems necessary, it may invite any local or foreign expert
or advisor to attend its meetings as an observer.
3.4 Meetings and Decisions of the Board
3.4.1 Meetings of the Board shall be held as prescribed by the Chairperson.
3.4.2 The quorum required for meetings of the Board shall be considered to have
been fulfilled in case fifty percent of the total numbers of members are
present.
3.4.3 Meetings of the Board shall be presided over by the Chairperson, and, in
his/her absence, by a member chosen by the attending members from
among themselves.
3.4.4 The opinion of the majority shall prevail on meetings of the Board and in
the case of a tie; the Chairperson shall exercise his/her casting vote.
3.4.5 The decisions of the Board shall be authenticated by the Member-Secretary.
3.4.6 Other procedures of meetings of the Board shall be as determined by itself.
3.5 Provisions Regarding Conditions of Service and Facilities of the Chairperson.
Provisions regarding the conditions of service and facilities of the Chairperson
shall be as prescribed.
3.6 Provisions Regarding Conditions of Service and Facilities of the General
Manager
3.6.1 The general Manager shall be appointed by Government of Nepal.
3.6.2 The General Manager shall be the chief Administrative authority of the
Centre and he/she shall have full powers and duties concerning the
implementation of the decisions of the Board, and supervision and control
of the functions and operations of the Centre.
3.6.3 Provisions concerning the conditions of service and facilities of the General
Manager shall be as prescribed.
3.7 ♣ Power to Appoint or Designate Inspection Officer
3.7.1 The Centre may appoint Inspection Officers or
♦ designate any
Officer of the Centre to work as an Inspection Officer as required in
order to effectively conduct the function of controlling solid wastes.
3.7.2 The functions, duties and powers of an Inspection Officer shall be a
follows:
3.7.2.1 To work in the capacity of a chief of the Inspection Team formed
under Section 4.7, and to determine by conducting site visits whether
or not functions relating to the control and management of solid
wastes are being carried out in accordance with this Act or the Rules
or Bye-laws framed hereunder.
3.7.2.2 To take action if any one is found performing actions prohibited
under Section 5.1.
3.7.2.3 To submit, to the Centre from time to time, reports prepared on the
basis of inspections conducted in regard to whether or not functions
relating to the management and control of solid wastes are going on
in a smooth manner.
3.7.2.4 To perform or cause to perform any other function prescribed by the
Centre.
3.8 Power to Designate Inspection Officer
The Centre may designate any officer as Inspection Officer, with the approval of
the chief of the concerned Department, in order to perform, fulfill and exercise the
functions, duties and powers of an Inspection Officer under this Act.
3.9 Power to Form Sub-Committees
3.9.1 The Centre may form different Sub-committees for the purpose of
undertaking functions relating to solid waste management and resource
mobilization by conducting sanitation operations.
3.9.2 The functions, duties and powers, as well as the procedures, of the sub-
committees shall be as prescribed.
3.9.3 The Centre may designate any one of the sub-committees to perform
functions under Sub-section 5.2.5.