Section 4
Management And Control Of Solid Wastes
4. 1 Obligations of the Concerned Agency
In case the Centre, or the Inspection Team, or the Inspection Officer receives information regarding dead body or carcass thrown in any public place, road, or site where solid wastes are dumped, or in any container, following an accidental or natural death, the concerned Centre, team, responsible for undertaking actions according to current law in regard to such dead body or carcass. After receiving information in that manner, the concerned officer shall take actions in accordance with prevailing law in regard to such dead body or carcass in accordance with
prevailing law, and notify the Centre, the Inspection Team or the Inspection Officer accordingly as early as possible.
4.2 Centre may Issue Order for Management of Solid Wastes.
4.2.1 In case the Centre believes that the solid wastes accumulated in the compound of any industrial or commercial enterprise or any agency, institution or individual are likely to adversely affect the public health, it may order the concerned enterprise, agency, institution or individual to clean such harmful solid waste and throw them in the prescribed place.
4.2.2 In case the concerned enterprise, agency institution or individual is not in a position to clean or throw the solid wastes mentioned as in Sub-section
4.2.1 by itself and therefore requests the to Centre to do so, the Centre may make arrangements for removing or cleaning such solid wastes by charging the necessary fees.
4.3 Prohibition to Dispose of Solid Wastes The Centre, or the Inspection Officer with the approval of the Centre, may issue order prohibiting such actions as keeping, throwing, burning, burying, or otherwise storing, disposing of or destroying harmful solid wastes in any public place or any private-owned place keeping in view the welfare and convenience of the public.
4.4 Right of the Centre to Solid Wastes
4.4.1 The Centre shall have the right to manage or use in any way the solid wastes thrown or kept in the place prescribed for dumping such wastes, containers, garbage disposal equipment made available by the Centre, or the solid astes collected in the course of sanitation process.
4.4.2 For the purpose of this Section, any material contained in the place prescribed by the Centre, containers and garbage disposal or other equipment made available by the Centre or collected in the course of sanitation process shall be considered solid wastes.
4.5 Permission to be obtained
Any industrial or commercial enterprise, or any agency, institution or individual desirous of collecting and managing any reusable or any other types of solid wastes disposed of by others or shall obtain the permission of the Centre to do so.
4.6 Permission to be Granted While issuing permission for managing solid wastes under Section 4.5, the Centre
shall conduct inquiries into whether or not the action would adversely affect the health of the public, and grant permission after charging fees as prescribed, only if it is found the action will not have any adverse impact.
4.7 Inspection Team
4.7.1 The Centre may form Inspection Teams, as required under the convenorship of Inspection Officers for the purpose of inspecting on a daily basis whether or not solid wastes are being managed and controlled. The team shall
include employees of the Centre, the police, and employees of the Village Development Committee or Municipality.
4.7.2 In case the Inspection Team formed under Sub-Section 4.7.1 finds, in the course of inspection, that anyone is acting in contravention of Section 5.1 or finds evidence that anybody has knowingly or unknowingly acted in that
manner, the Inspection Officer may punish the concerned person under Section 5.2.
4.8 Coordination and Obligations
4.8.1 The Centre shall work by establishing coordination with Village Development Committees or Municipalities while undertaking functions relating to the management of solid wastes under this Act.
4.8.2 The concerned Village Development Committee or Municipality shall have the following obligations in respect to the management of solid wastes by the Centre.
4.8.2.1 To make regular arrangements for cleanliness and sanitation in their respective areas by establishing coordination with the Centre.
4.8.2.2 To keep in containers or take to the transit point the solid wastes collected after undertaking cleanliness and sanitation operations.
4.8.2.3 To inspect or cause to inspect of the disposal and transportation of solid wastes in every Ward.
4.8.2.4 To extend necessary cooperation to the Centre for the appropriate disposal and management of solid wastes.
4.9 Prevention of Pollution In case the air, soil or water pollution resulting from solid wastes affects or is
likely to affect adversely human beings, birds and animals, plants and other objects in any area or public place, or any inhabited area, the Centre may make necessary arrangements for the prevention of such pollution
In case the Centre, or the Inspection Team, or the Inspection Officer receives information regarding dead body or carcass thrown in any public place, road, or site where solid wastes are dumped, or in any container, following an accidental or natural death, the concerned Centre, team, responsible for undertaking actions according to current law in regard to such dead body or carcass. After receiving information in that manner, the concerned officer shall take actions in accordance with prevailing law in regard to such dead body or carcass in accordance with
prevailing law, and notify the Centre, the Inspection Team or the Inspection Officer accordingly as early as possible.
4.2 Centre may Issue Order for Management of Solid Wastes.
4.2.1 In case the Centre believes that the solid wastes accumulated in the compound of any industrial or commercial enterprise or any agency, institution or individual are likely to adversely affect the public health, it may order the concerned enterprise, agency, institution or individual to clean such harmful solid waste and throw them in the prescribed place.
4.2.2 In case the concerned enterprise, agency institution or individual is not in a position to clean or throw the solid wastes mentioned as in Sub-section
4.2.1 by itself and therefore requests the to Centre to do so, the Centre may make arrangements for removing or cleaning such solid wastes by charging the necessary fees.
4.3 Prohibition to Dispose of Solid Wastes The Centre, or the Inspection Officer with the approval of the Centre, may issue order prohibiting such actions as keeping, throwing, burning, burying, or otherwise storing, disposing of or destroying harmful solid wastes in any public place or any private-owned place keeping in view the welfare and convenience of the public.
4.4 Right of the Centre to Solid Wastes
4.4.1 The Centre shall have the right to manage or use in any way the solid wastes thrown or kept in the place prescribed for dumping such wastes, containers, garbage disposal equipment made available by the Centre, or the solid astes collected in the course of sanitation process.
4.4.2 For the purpose of this Section, any material contained in the place prescribed by the Centre, containers and garbage disposal or other equipment made available by the Centre or collected in the course of sanitation process shall be considered solid wastes.
4.5 Permission to be obtained
Any industrial or commercial enterprise, or any agency, institution or individual desirous of collecting and managing any reusable or any other types of solid wastes disposed of by others or shall obtain the permission of the Centre to do so.
4.6 Permission to be Granted While issuing permission for managing solid wastes under Section 4.5, the Centre
shall conduct inquiries into whether or not the action would adversely affect the health of the public, and grant permission after charging fees as prescribed, only if it is found the action will not have any adverse impact.
4.7 Inspection Team
4.7.1 The Centre may form Inspection Teams, as required under the convenorship of Inspection Officers for the purpose of inspecting on a daily basis whether or not solid wastes are being managed and controlled. The team shall
include employees of the Centre, the police, and employees of the Village Development Committee or Municipality.
4.7.2 In case the Inspection Team formed under Sub-Section 4.7.1 finds, in the course of inspection, that anyone is acting in contravention of Section 5.1 or finds evidence that anybody has knowingly or unknowingly acted in that
manner, the Inspection Officer may punish the concerned person under Section 5.2.
4.8 Coordination and Obligations
4.8.1 The Centre shall work by establishing coordination with Village Development Committees or Municipalities while undertaking functions relating to the management of solid wastes under this Act.
4.8.2 The concerned Village Development Committee or Municipality shall have the following obligations in respect to the management of solid wastes by the Centre.
4.8.2.1 To make regular arrangements for cleanliness and sanitation in their respective areas by establishing coordination with the Centre.
4.8.2.2 To keep in containers or take to the transit point the solid wastes collected after undertaking cleanliness and sanitation operations.
4.8.2.3 To inspect or cause to inspect of the disposal and transportation of solid wastes in every Ward.
4.8.2.4 To extend necessary cooperation to the Centre for the appropriate disposal and management of solid wastes.
4.9 Prevention of Pollution In case the air, soil or water pollution resulting from solid wastes affects or is
likely to affect adversely human beings, birds and animals, plants and other objects in any area or public place, or any inhabited area, the Centre may make necessary arrangements for the prevention of such pollution