Sindh Solid Waste Management Act 2021 (Sindh Act No. XI of 2021)

EXTRAORDINARY Registered reo, M324 'Urbe~tnbb ~obernment ~a?ette Published by Authority KARACHI TUESDAY DECEMBER 28,2021 PART-IV PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION KARACHI, THE 28'" DECEMBER, 2021. NO.PASfLEGIS~B~43/l021·The 5 ndh Solid Waste Management SII, 202 having been passed by the ?(ovll"lcial A.ssemb:y of SIt;dh 00 11ttl December. 2021 and assented to by the Govc-ncr of Sil\dh 0'" 17'" December, 2021 's ht!"eb'( publ shed es an Act or the leglslat:!re Of Sindh. THE SINDH SOUD WASTE MANAGEMENT ACT, 2021 SINOH ACT NO. XL OF 20U. AN ACT to provide for th-e collectlor" and disposal of solid waste, lU"I<lnge effectlv@ delivery or san~n~tlon services and provide for pol'WOon free environment and matters ancillllr{ thereto, and •for the purpose estab.ish the Solid "Jaste Mao8gement Boards In Lie Province of Sindh. WHER.EAS It is expedient to provide ror the ccrect.en Prumble .• and d!sPos~1 of solid waste, arrange effective delivery 0" ser-ltet on services and Provfce tor pu1lutlo, free envrronment and matters ao::llI~ry thereto, and for (he ~u"''DO$e establlsh toe Solid waste Managemer,t Boards In tbe Province of Sindh. It I:; hereby enacted as follows CHAPTER-I PRELIMINARY 1. (1) This Acr. m~v ce atlled the $indh Solid waste "'anitgem~l"t 4ct, 2021 L iv - 138 Ext - IV - 40 (106) St10rt tltl. and commenee.ment. Price Rs. 8(1.00 ill TIff. SL"DII(.()\ r, (. \I.t I 1F tXl. DEC.28.2021 .xAK 1& .... .. JI' tn-s AU. ~., t~s.~· ...t.rt' ts A!'!y- ~ rtPV;"~f".t '1" ~e DefiniUons. Sl..t-.~ o~'e~ ll) ·B~ol·O· -neens +e SO! d ',".'tl Io':ar.age"erl Board eq-3~ ISl"IeJvnC"e( uctiu" 3, (i) "b ...H.igel· mt".'" ttlt il"ltOI'T",e lind expe ....dlt1Jff' sta:e:r;e"t of ,:n, SC8rJ tOI'a nOlll'lClol .,'ear; (Ill} "oul d!ng" tnct.rces any ~hop, tll)'JSe, hut O;Jt·I'IOuSe,. snec, sl.",jle, t,\t;IOSoJre, ...·}l11 ee+, vereocet-, Dare-r-m, r'1"ltl-\ ramo ~alrt""se lnd -:t'!P~: :i") cartonme"': 80ol""(l ,f'tli'tS the C4ntonme,-·t' ~,,~,j .:o""sttt..:eQ U"ld"~t"~C.,tOI'tT ... t A~.. !'1:4 \.!."t "'0 r.: o· 15:4'1. tv .:3.~" -e "'", (0"'" :;0 .,.!~D<J S C~t.., b'-1l:cx.s. e re-s calves, Co1"""1f ). $1'1"., 0 C g-»U. 81(1 a ...... o;:."~"l\.;\Ose "otd or '."- , ..,,,,,,, .. • \0' ':.01 -;~c-", la'\S t'\& ... ., r ... :'S~n 0:» t e B:;s--'; (·...ii) "':'::)' ' O'e:,-s an area d..c1ared as a c-it,,; ur-cer t- s Act, (vIii) "conservancv" "'ean~ the collection, t'eatrrent. removal and disposal of rerl-se; (Ix) "Corporation" shall have the same meaning as assigned to it under t~,~ Sindh Local Government Act 2013 (Slndh Act No.XLlI 0' 2013); (x , 'Co~ncil" sha ' nave tne same meanIng as assigned :0 It Jrder the Sindh Local Government Act, 2013 (Sindh Act No.XLII 0' 2013); ()Ci) ·Oepartmen[- means the Local Govenment a~d Ho"slr~ rvNn p ~-nlr9 Oepa<tmer,t. Goveromert of S,-dh; (xII) ":rs:rict' mean. are, ~r"e d s:rict as noffie:> Jnder rae Sindh Lare Re\'e'ue Act, 1957 (Sindn Act No.XVn of 1967); . (xiii) "D'vrstor- means a R"\'~l"lJe O.vls·on as notified u-cer the Sirdh La~d I'\pvenueAct. 1967 (Sindh Act No.Xvn 0' 1967); (xrv) "drain" Includes sewer, a neuse drain, a drain of any other description, a tun"'c', 3 culvert, a channel and any ct~er cevice for carrying off su I~ge; (xv) "encroachment' means unauthoriZed occupation of or undue interference with a street, building, .,d. place Or" prermses vest ~Q In or t.nder the managerent or co~trol of a Councll; PAIn.)" THE SINDn GO\ I. (. \/I'TT" LXT. OEe. 28, 2021 (xv) "factorv" 'as the same ",eaoing as s assig-ec to .t under the Sino, F.ctor~~ AC!, 201S (Act XIII of 2016); (xvit) "'Go\;emmen-.:'" means t,e Govemment ot" S r1h; (xv 'I) 'Iard' has tre same "'ea·Hr. as assigned to , urder the land ACQulSiton Act. 1894 (Act I of 1894); (xix) "Mana~ing Director" mcans the Manag ng o.rector of the Board appointed under thiS Act; (xx) "market" means a p.ace wne-e persons assemble for the safe and purchase of n"eac, fish, t",lIt. vegetal) es o' any other ertlcles or 900ds, or for the sale and, p"rCh2Se of lrvestock or anlmals ard includes a shoPP"9 centre. a com"ercla office or :)te"T'l-ses eno an, place wh.ch rnav ee no:lfi4!d as a market " ecco-cence "'It'"' the '\" es, ('.I(XI) ·r~1e"J.er'" "':1-ea'1S a rr.embcr of tr-e scare or Stee~:"\9 COfT'!"""ittee,dS t"'e ase may ee: (xx I)"~ur opalirv Means ar \.Ir:>ili'l area as cef .....ed .mcer the S not> leeal Go.emf1"c·1 Act, 2013 (Sindh Act No.XUI of 2013) (:XXii ) ~p~esc~lbp.d" mears prl~sr:r!b~d by rules or regulations made 1,J,'lder tt"'l$ Act; (xxlv) "Province" mear-s the Province of Str'ch; (xxv) "pJbl;c p.ace" r"'eans arv oudd,ng, orern scs or "lace to whic1'tee ,ublie have access; (xxv,) 'public street" means a street ma ntarnec by Gove..-t"'ime1t or- 'Jy a Councilor a toea a .Jthonty; (xxvii)'re'IJse' includes ",o~is", b'o,en brfc<s mor.ar, broker g'ass, offal, r.·gt"t so r, s'heepings, carcasses oi a"!lrrals, deccs.: e' se.. erase. y,as:e bfood, ho-~, 'loofs. bcres and meat ",as:e, "'ed cal .. aste ar-e any on...e~offer's ....e cr c scardeej matter; (xxvIII) ',egLlat'ons" means ·egvat.o"s mace uncer t,:s Act; {xx;x) "road" mea-is a way 0" path and InclJdes a ("Oroughta"e; (xxx) 'rules" means rules made under thfs Act; (xxxt) 'solld waste" ireludes <'\Jbb:sh, broken bncks, mortar, broken glass, offal, nl~ht 5011, sweepings, carcasses of animals, deposit of sewerage, v..aste blood, horn, hoo&.s, bones ane meat ....aste and a,y other offe1sive 0" d.scarded mater; • "'IO\!l9'--- --'T1IF' S.INOII GOVT. G,\ZI:rn; .;'''1'. DEC. 28. 2021 (xxxli)"waste" Inc,~des hospital waste, industnaJ ... ste. ag,ocutural waste and rubbish of all sorts collected, ~athered, ~eaped or thrown by d,fferent enot'es for disposal by thO Councts. a,d al ty~es of liquid .. a.~e, pollutions and poisonous gasses; {xxx Ij"SJllalle" includes sewerage, polluted ",atec, ra'n',\ater ar:d any other o""ensive matter carr'ec :Jy a drein; (xxx ")'Secretary" ",ears:hc Secreta" of the Beard. (lOCX"j 'street" rrears it p,J~ C road , a CIty. tewn 0( vi .age "od Incl"des a :l>oroughfare; (xxxvi) 'S:eerlng CO'TImlttcc' means a Committee cons.rute<3 u,der -I' 5 Ac:; (xxxv) "tax nclt..des <1"'1. to I, rate, cess, ~ee. or ot rcr mpost levl.ble undN thk ~c:; (XXXVI) -to" ..n" means an urban area as defi'1ed in the Sindh ~oca Govemment Act, zan (Act No. XU! of 2013); (",xix) "~rban area" means an urbdn Mea ., defined rn the Sindh Local Governr-c't Act. 2013 (Act No. XU! of 2013); CHAPTER-II ESTABLISHMENT OF THE BOARD 3. (1) Government may, by notification In the official gazette, establish a Board called the Sindh Solid Waste Management Board at every Oivlsloral Headquerters VIZ. Karachi, Hyderabad, I""rpurkhas, Sukkur. Shaheed Benazlrabad and Larkana in accordance with the provisions of t~ls Act. (2) T,e Boards so const :~ted under sub-sectton (1) sha"~nmarlly have the jurlsd'ctton on all'the municipal Jurisdictio'5 of '1etropo!tan Corporation and Municipal Corporations of the Province. In addl:lor, ':he Board may also have tbe author tv :0 incluce anv other area such as Town Committees, MJn;cipal Committees a~jacent to Metropolitan or Municipal Corpcrat.on under tS operatJonal contrcl on t"e recommendatlor of corcerred Boa'd at Olv Sonal Headquarters dulr endorsed :>y tne Prov ndal Steerlrll CommIttee cons;ltuted under INs Act ano a"::er the final appro\fal of Govemment. (3) Eac."IBoard established under sub-section (I) sha I be a body conoO<llte. having perpe=1 success-on and a corvnon seal ... t" po...er, sJbJect to the provis ons o' this Act, n. es and r~Jlal MS, to acc;ulre, holO and alienate propertv, DO~hmovable and Irnrnovab-e and shall by its na"'e sue and be sued. 4. {I} l'le Board s~a consist of the following merroers: (I) Mayor of concemed Metropolitan! Chairperson Municipal CO'poratlon or AdTli,lstrator, as tne case ",ay be l',\RT- n: Establishment ot Board. Composition of the Board. LrA~RT£-:.!.r\l.!..· T,IJF. S)J\I)H GOVT. GAZETTE EXT. DtC. 23,2021 (ii) Commissioner of the Division (In case Vice oi Karachi Metropolitan) dcd Deputy Chairman Commissioner of the District (in case of the Municipal Corporat.ons of tne Province) (iii) Representa:ive of local Goveri"'1menr Member Department not below the rank of BS- 19 (Iv) Managmg Director Member (v) Two Executive Directors o' the Soard Members (vllTwO Technical Academia) (from Membersexperts (vii) One Member from Non-GovernMental Member Organiza:ion (NGO) havir,g otflce in the concerned Division (viii) one member having technical Member background and have co-nrtbured in the field of solid waste rnar aqement (2) T'1. Secretary to the Board shall act as tne Secretary for all the activities undertaken by the concerneo Board. (3) Tne C~airmail of Town Committee and/or t·lunieipal Corr-mltree, which are not within the municipal jLrisdiction of any Metropolitan and/or Municipal Corporation and have opted to work under the administrative control of the Board constituted at Divisional level, wi/I be coopted as member of the Board, The Soard rnev, f required may also consntvte a sub-committee at Town and/or MuniCipal level, which will be headed by Chairman of the Town Committee and concerned Assistant Commissioner of the area, who will act as the Vice-Chairman of that Sub committee co oversee tt"e municfoal operations. (4) The Soard may co-opt any person as a member for any particu ar purpose, but such oerso-i shall not have right of vote. (5) An official member aopotntec by virtue of his office shall cease to be the member on vacating such office. (5) A non-official member shall hold office for a period of three years from the date of his appointment, and shall be eligible for re-appointment for such duration as the Board may determine, (7) A nor-omeial r-iernber may at ary time, before the expiry of his term, resign from his office, or be removed from office by Board wttnou; assign'ng any reason. (8) Any person appointed 01\ a casual vacancy in :he o"fice of non-official member shall hold office for the unexpired oortlon of t"e term of such vacaocv. III T.!.Hrr£SCYOHGO". GAZETTEI:~T. DEC. 28. 202..!.I -,l'ARI:.!Y (9) The me-ncers snail rece we sue'" remunerattor.. fees ana a towences and enjoy such priv,leges a. may be de:ermi~ed by the Board afte- aoarova from ~~e Steen~9 Co-nmlttee. (10) Go,em-en- may at.,y t me, by ,al,neat 01 1 tne official gazette, crarge :re composition of the. m€".~ers 0' :re Board. 5. '10 person shall be or shall coctinue to be a member Disqualific.tion of who member. (a) i< not a citizen of Pakistan; (b) Is found a lunatic or becomes of un-sound mind: (c) IS or at any time has been convicted of an offeree 'nvolvinq Mo,al turpitude; (d) s or has at any time been adjudicated tnsctvent: (e) is or has a: any ti",e been d.squa fled for errploymer: in or d',missed f-om Governmen: service; (f) Is acting in co~traye"tJo~ of the provisions of ttl s Act; (9) liaS w,thot.: permission of Governmert d rectly or '''ldj''ecry any financIal interest '""1 ~ny pro!:ct ,0" se'heme or property of the Board. 6. (1) ~e Meetings of the Board snail ee rcgula:ej by Meetings of lho regulations; provide; that U"lW such regulations are framed, the Board. meetings shall be held as and when required by the Cha rperson ~nd in h s absence tne riembers present in a meeting shal elect from themselves a Presiding member to chair such meeting; provided tha: the '11eeting shall be heid once In a quarter. (2) Two-trlrd of the total merr-bership of the Board shail constitute a quorum for a meeting of +e Board. (3) T'1e members shall have reasonable r-cttce of the time and place a' t,"e 'Tleating and matters on wh,ch a decision by the Board s"a be taken in suer ",eeting. (4) The decision of ctle Board shall be taken by the 'T\ajOr:y or :5 merrbers present and, i"l case of a tie, the mCM~e" presm 1"':9 a meetin9 snail "lave a casting vote. (5) All orders, determination and decision o~ the Board shail be taken in writing and srall be Signed by cre Secretary. CHAPTER-III POWERS AND FUNCTIONS OF THE BOARD 7. (I) The Board shall (I) have right over t-e solid waste related issues, assets, furds and liabi":ies of the Coune Is ana shali oossess so e nghts on ai' k'~ds of sord waste (mo.."ieipal raza'cous and non-hazardous) wlt~.n ~"e ~ Jnicipal ,imits of concerned Cou.,cils; Powers and functions of the Board. !:P~t\.IlKc!T:.!-!..!.V jTl.!HE:u, ~S!!IND::!.!Ln!.U!G()"T. (; AZ .. TT~: EXT. DE C. 28. lOU- 112 (II) rave tile a~:ho",:y :0 9r.~t perrmss on to tnai'lidJa 51 irstio..:ions. Industr-es, (actor es, wor~srops, rJmares, cor:-~ost making and power generation from tne solid waste with'n the rerritorial jJr'sdiction of the Board, for segregation of :he '.cycl ble rraterial frorn Ire waste, COl ect'on, treetrr-enr, sale and purchase, recycling or disposal of any kinds of waste; <III) recornrteno to Government throu~h Steering Committee, a cess, tax or any other charqes as per .. rules prescribed; (Iv) prepare and submit to Govemment through Steering Cornrnlttee the schedule of solid waste tartf, rates, charges or fees to be lev'ed by the Board for approval; (v) co ICct ane recover cess, rates and (ha'ge fee or moose fine for collect on and d sposal of solid ...aste as ~ay be prescribed ~y ~'es; (vi) cha-ge surcharge not exceed,ng the dOt.ble of the due ernovnt, f rates cha-ges or rees (or solid waste not paid within trne fixed by the Board; (vII) have full fiMnc'al powers within the bJdg& grart, (viii) construct, Improve, maintain the bulldlngs, sites and machinery relating to the operation of solid waste management; (Ix} suggest Steering Committee the rules and regulatlors for operational, admln,s" atlve, human resource managemert and finance For operation of solid waste managemert, a!'ld subtrit the same to Government for approval :t-rough the Oepartlt'ent; (x) re"ie~ve-e progress 0" existing schemes and p"e-:>a"e new scherr es Fe abng to so'id waste -nanagerne~t for approval of competent authonty through Steering Committee ccnstituted and ureertake execution the"eof; (xl) get the schemes prepar~d or arrangement IT'adefor outso"rcing any function relating to the collectron transfer, recycl'ng of weste. compost making and energy generation O'Jt the solid waste, ceverocmenc of filling sites of the solid waste; (xii) regulate control or inspect generati on. accumulation, trading of the solid waste: (x'lI) maintain accounts and records of the 60aro; the source points of tral"tsfer, recycHr9, ...11"'3'-- THf, SII\!ll:! GO\T. GAZF.rrr: 1'\1. IJre 211.2."'02"'1, --'JPARf·l\ (xj\')pre~a"e a""d revise sc....edulC of »"y po~t In :t'le 50::"';:: and SJ~,."t to Stee~"'9 COM'" nee tor appro'lil ()'"') ernp.cv t1\"O party to '-Ike 0\ er ~a~ageme.-t c: 501'0 .. aste on ,enalf of t~e Board wh,eh ,Mil nave tr-e autnori:y as vested n tne Manag ng C,re:tor, to employ sue" part es as may exped"e the v=ste ma'1age"1cntane be-.eft the people; (xvl)Invlce third party through at le.st t ...o leadlrg newspaper; hammer down the rowest tender subject 10 cost and quality of service and to follow tt),e relevant operational end ~nanclal procedures provided under the Sfndh Public Procurement Act and rules made tnereunder: (xvII) take over the management and contro of a-iv ....aste managemert institution or servtce maln:alned by a Counca; {xviii) ".,a~e a commercial and social :>cnef't case ror t."'te rates to be recommeeced and Go.emment s"a approve such rates ur eS5 they are del",me-~31 to Government policy; (x.x) regotiate, review. and f,nallze the projects of the waste rnanaqernent with all commercial ent ties, agencies and foreign organizations II' corsultatlor with the Government through Steering committee. (xx) co do all such th1ngs necesse-v for achlevl"~ the objectives of this Act. (2) The Board may (I) support, promote, administer, execute and implement schemes for unde"taklng 3ny COM",ercia or business enterprise which may bene~t the management of waste w':t-:;n t.""Ie territ~""'al, adml"istrative and municpal jUflsaictlon 0' the Board; (i) !)repa-e and lmplerr-ert c tec:!y or w::h exterr-a profess.onal assistance. solid waste e'l(p'o ti)~~ ;.en, wi' ch shall amongst other mauers Inc "de the following: .. (a) nature and tocattcn of scheme or senerres; (b) rotal estimated cost: (c) sources of finances; (d) date of commencement; (e) date of completion; (f) manner of execution; (g) agencies responsrbte for rna 118nnnce; (h) benefits, tangible or I",.rglble accruals; (I) methodology to b""9 t,~e plan ;nto beH"IO11'\ l~t: mos; exoeditious way so as tc berer: tl.,e pe~ple, PART-IV THE SINDH GOVT. GAZETTE EXT. DEC. 28,2021 114 (iii) grant, sell or lease out land or any other property at rates to be fixed as per policy of Government, to assist with the i mp!ementation of waste management. (3) During the transition period, the existing operation of solid waste management shall continue by the concerned Council. The Department in consultation with Steering Committee will notify the date for transfer of the fu~ctjons from the Council to the Board by notification in the oftlcial gazette. (4) The Soard shall take over solio waste management functions gradually from the councils and ocher bocies presently dealing ~v;th solid waste management in their respective administrative and municipal jurisdiction after approval from the Steering Committee. (5) The Soard shall, in discharging its functions, act on sound principles to organize the human resource development to carry out the purposes of this Act, and shall be guided by such directions as Government may give, from time to time. (6) If a question arises whether any matter ,5 of policy or not. the decision of Government shall be final. CHAPTER-IV CONSTITUTION AND FUNCTIONS OF THE STEERING COMMITTEE 8. There shall be constituted, by notification In the official gazette, a Steering Committee to have control and authority over all the Soards establlsheci under this Act at the Divisional Headquarters of the Province. 9. (1) The Steering Committee shall consist of the followln9' (I) Minister Local Government and Housing Chairman Town Planning Department (ii) Mavor of the concemed Metropolitan/ Member Municipal Corporation or, Administrator, as the case may be (iii) Commissioner (In case of Karachi) and Member Deputy Commissioner (in case of other Division~1 Soards of concerned Division) (iv)Secretary Local Government Member Department (v) Secretary Finance Department Member (vi) Managing Dlrecror of the concemed Member Board Constitution of Steering Committee. ccmposttton of Steering Committee. .!.J1I"'S'- ..!.T.!.!Hr.SL"'DHGO\T. ~F"I I.·.· EXT. nt:c. 28. 2021 PART-LY (v I) Two persons, one each from Academ II Members a-d i'lon-Govemmema Organl,aton (NGO). (2) An officer not belo... the rank of an AdCllora Secretary of tne Oepdrtment sha .act as Sec-old,), of t~e S:ee- ng Committee. (3) Gove-r",ent may, at any time, by not ~catlon, change toe composition of :hc Steering Committee. lO. The Steering comrn.rtee shall . (a) meet at least crce in six months; (b) provide overa'l policy guidelines to the Boards; (c) discuss and approve budgetary provls ons of all Boards; Powers and .. functions of the Steering Committee. (d) approve' appointment or nomination ot non-offtda' members of Te Board and Steeling Committee; ee) approve schemes of the Board for placement before toe comeerer-r authority for n.ndlng and/or "'nancing; (I) approve ir1ia:ion of the pro:ec:s (waste couecacn and waste treatment proJects such as waste to energy projects) as per the provisions of the S,ndh , Public-Private Partnership Act, 2010 and Sindh Public Procurement Act, 2009 and rules made thereunder; (g) assess and/or evaluate periodically, the oerformence of the Board; (h) act as Appellate Forum for all srlevances ra sed by the municipal age~cles agalrs, u-e performance of the Board; (I) make rules and 'e9~lations for operational, admlnistrattve, human '"esource "..a"\i'gement and ',ance 'or regulating cperatlon 0' solid Haste na"agemer:, from li'T1e to time and sublT't to the Govemment through the depart"'e~t; (J) approve annual budgets of Boards ar-d detauec schedule of establlshmerts of each Board; and (k) do all acts and things ccnstder exeeetent For furtherance the objectives of this Act. (2) All decrstons of Steering CommIttee shall be tai(en In 'ts meetings by maJorty of votes and, ,n case of ete. the Chairman shall have casting vote. "i\RT-()' THE SINDH (;OVT. G.\7.t:.I'1 •• EX 1'. 1).:(:. 28. 2021 (3) The mee: ~~ of :he Steering Co-- ttee shall be ne d 0 SeC' manner and at sucn time a,d place as may be prescncec by regula:ions; provided tnat \.rti ;re regulat ons are framee, the meetln9s shall be "Ield as dlrectec by :he Cha '"..en. (4) The prov.stons of sections 4, 5 and 6 sha lapp y mutat S mutandis for appointment or noninatlon and disQ\Jallfcation 0' rrembers of the Steering Committee. (5) The members of tne Steering Committee shall receive such rernuneratlon, fees and allowances and enjoy sxl1 privileges as may ee determined by the Steering Committee. The budget provision for the same shall be kept in the anru.al budget of Solid waste Management Soard a~Karacnl. CHAPTER-V APPOINTMENT, POWERS AND FUNCTIONS OF THE MANAGING DIRECTOR AND OTHER OFFICERS AND STAFF 11. (1) There snail be a full-time Ma'laglng Olrec:or of :~e Board ApPointment of the to be a:>po4nted by Chie" Minister on such :erms and cono.aor s Milnaging Director. as he may cete+nine. (2) The Mana~ing DIrector sr-au be 8 person from cadre offlcers working under tne control of Government or from private sector t"rough a comoedtive process posses~lng the requ site qJailncatJo,'s a~d experience of the post. He shall be paid such salary and allowances as may be deter"lll~ed by Chief Minister but his salary and allowances shall not be varied to his disadvantage during the term of his office. (3) The "'1anagj~g Director shall be an emlrent pro'ess onal of known ,ntegrlty and competence havl,g experience In human resource development, skill and solid waste ma'l8gement of both public one private sectors, especially in the context of rra,oaging ,uman resources, financial management dnd p:'O~rar Imp emer:atlon ~ terms ,f manpower sk 's and co."petence. 12. (1) The Mana91rg 0 rector s,! I be tne Cr'e' ExecJtive Powe,. of Managing O'l'lter of the Board and shall have tne powers to Director. (a) exercise admin strat ve centro' over the daf to day fLnc! oning of the Board Including manage"'1e-.t. financial management. human -esoorce management and ma,ageme,t of aeacemlc affairs; (b) conduct the off'cial correspondence of the Board for tmolemencetron of all the decisions and other bus'ness of the Board; (c) rJn tne affairs of tne Board for attaining Its Objectives <hrough the executtve t-er; (d) ensi.-e that all grarts, dOr'latlons and contributions ace to be deposited in e,dowment f~nd; 11,-'- THE SDo'D1I covr, GAZE]"rE EXT, DEC. 28. 2021 (el act on oehalt 0' t~c Board In MY e""e'geney, sub;e:t to the obligation to report such actJon to tl'e Boaedat ts next meeting; (I' carrvcct :he Instructions of Govemment a..,d dedstons taken by the Board ar:d exercise t...e financial cowers as may be orescr.bed by rc es: (9) orepare and submit, w;th the approval of the Board, an annual, supolementary or revised budget to Government for approval; (h) submit audit reports prepared by the Au"'tor Genera' of Pakistan to Government and take prompt action to remove any "regularity potnted out bv the Auditor; (I) ti.mish a copy of a resolution passed In a meeting of the Board, to Govemment or such other at;thority as GO\lemment may nominate from time to time; (j) supply a ccpy of return, statement of account or a report 0< a copy of any document In hs crarge, called by a Steer.:'!9 COmfT'llttt!e, or any otner committee or sub· corrmlttee set up by t'le Board; (k) reoort to Govemment. Chal""an of the Board and the Steerir" Committee, all cases of fraud. embezzlement, theft, or 'ass of money or property; (I) ncur expend.ture upto the tunc of rupees ten ",lIlIon in case of emergency and submit to the Board for post- facto approval; (m) appoint necessary sta'f on contractual basis as per approved schedule of establl~hment In accordance with service rules; provided that until such rules are fra-ned. as determined by tne Steering Committee; (n) recomr-iend '0' pos~r.g by transfer or on deputation of necessary operatiOnal and office staff from the cadre ana mu~ol'al services departrents of GQvem",e~t for f.x period; anc! (0) oerforM such other functions and exerose such ctrer powers as may. from time to time be ass gned oy Government or the Bollnd. (2) Subject to s.rch limitatIOns as may be laid down by the Board. t~e Managing Director may delegate any of his powers to any officer of the Board. 13. There shall be establisned a (u'!-fledged organizational tier Organizational Tier. of the Board under tr-e Managing Director which may include two Executive Directors. a Secretary, C,lef Internal Auditor and such ot,er sta'f as may be necessary for carrying out the purposes of ti>s Act a,d they s'all perform such functions as may be t't\lfHY 'P'escr oed: pro,;dod tnat until such rules or regulations are framee, as "'ay be .ssignea to t,em by the respecttve Boards. PARl~I-,-V TLH~F:-"S"",INDBGOVT, GAZETTE EXT, DEC. 28. 2021 II~ 14. (1) The Board may, for eff:..:lent performance o· its functions, aDpeint suet'! officers. advisers, censuftants, experts and o:r.e'" staff possess.nq reGuisite p"ofessional, technical, n"Ill"tlste.-.a1 or secretarial a~a"ficat;o"s and experience on such terms and conditions as May be prescribed by rules; orovlded that "ntil such rules arc framed, as may be determined by the Steertng Committee. Appointment of officers Clndst"ff. (2) The officers, advisers, consultants and other staff shall be liable to such dlsciplinap{ action and In such Manner as 'nay be p-escrlbed. ~ (3) The Executive Directors of the Board shall be apcotnted by the Chief Min'ster eitt"ter from cadre service officers working under the control of Govemment having relevant professlonel quaflRcatlon er o exoer-ence or from private sector t~rough a competitive' process possessing the requls'te qualifications and experience of me post. (4) n-e Secretacy sha't be appointed by the Stee:-ing Committee either from private sector through a COfrt>etitive ' orocess possessing the requisrte qualtficatlons and expertence of the post on such terms and conditieos 8S II mey determine or the Departrcenl may recommend to the Steering Committee for appointment of Director or Deputy Director by transfer for field operations from the cadre service or muniCipal services. (5) There shall be a Chief Internal Auditor apPOinted by the Soard from Market through a competitive process or posting by transfer by Government having relevant profeSSionalQualific~tion and experence, The Chief Internal Auditor shall establish adequate Internal control rrecnanlsm to ensure efficient management of accounting records and ~hall conduct pre-audit of the accounts of the scare, 15, (1) n-e Managing D'rec:or, Exect.!ive Directors, sec-etarv and Chief Intemal Auditor shall be appointed ,nl!laUy for a ter-n of three years, which may be ex:enced for a furtner per od as may be determioed by the compelent authon~. Term of office or Managing Director and E)CI!Cutlve Directors, Secretary and Chief Intem." Auditor.(2) At any ome when tl>e office of the Managing Director or Executive Director, Secretary or Ch ef Internal Auditor is vacant. or the Managing Director or Executive Director Secretacy or Chief Internal Audlto' 's absent or is unable to perform the fu,ctions of the omce due to' illness or so ne other cause, the .cornpetent authority shall -neke such arrangement for the performance of the duties of the Managing Director or excc"tive Director, Secretacy or Chief Intemal Auditor as the competent aotnentv may deem fit. CHAPTER-VI FINANCES 16, (1) There sha,' be established a separate Fund (or each Establishment of Board kno',Yn as Solid Waste "Ianagement Fund on the Fund. recommendation o~ Steerirg Committee which shall vest in the Board With powers to ",anage and operate ,t, H9 THE SI:WH GOVT. GAZF.TTF. [XL IlEe. 28. 2021 PART-rv (2) Government s~a1 provide .""Jal grants to the Board for carrying oct the purposes of this Act. (3) The fund shall include: (a) Collection of solid waste management charges, rates or fees payable to the Boa'o; (b) grants made and aids given to the Board; (c) loans raised or obtained for the Board; (c) all other sums that may be received by the Board; (4) The sums credited to the Fund shall be deposited In such banks as may be approved by the Board. (5) The fund may be invested by the Board in any security of the Federal Government or the Provincial Government or In any other security approved by the Steering Committee. (6) The F~nd s"aU be managed and operated In the .."anrer as may be prescribed; yovided that until such rules are made as may be determ'f'ed by the Steering Committee. 17 (1) The Board shall maintain accounts of rece.pts ,,~d Audit and accounts. e~penc;ture tr accordance with the rules. (2) The Board sha'l maintain an Internal Audit Div'sion which shall regularly undertake insliturloral Internal check and control. (3) The accounts of the Board shall be annually audited through the Auditor General of Pakistan or a firm of extemal Chartered Accountants approved by the Board and the report of the Auditor General or Chartered Accountant along with audited accounts shall be preseared to Government. 18. The Board sha I cause Its accounts to be maintained Budget and properly and in respect of each finarclal year submit for approval accounts. of Government by suc.~ date and In such form as may be Specified by Government. a statement sho"ln9 the est "".:ed rete pts and current expenditure and the sums to be recuired from GoveMment during the next '" anclal yeer. !9. Tt>e Board shall cause p-oper accounts to oe kep~ and Malntenonce of shall after t"e end of eecn financia year cause to be prepared for accounts. that financial year a statemert of accounts of the Boaro whien shall InclLde a balance sheet and an eccount of rece'pt and e~pendlture. CHAPTER-VII POWERS OF THE GOVERNMENT 20. (1) The annual, supplementary and revised budget of the Soard, shall be sanctioned by Govemment on the recommendation of Steering CO"Tl",ittee. Powers of Government. (2) The annual budget shall be sub!l1ltted to Govemrrent as per budget s&edule announced by the Flnence Department. THE SI:'IIUH GOVT. GAZETTFJ:A.I.·. 1~ t:(L:'-'.2~8~. 2f.!OU;2!.1 (3) Government shall, approve with or wlthou! modification schedule of solid waste tariff, rates, charges or fees to be levied for solid waste, with n fifteen working days of ts submission DY the Board tnrouqh Steering Committee. If no approval is conveyed after fifteen working days, the schedule of solid waste tanff, <ates, charycs or fees so recommended by the steering comml:tee shall be deemed to have bee~ approved by Government. (4) Government may approve any scheme submitted to it by the Board through steering committee for solid waste management with or without modification or reject it. (5) The Board may through Steering Committee and With th~ approval of Government, raise long or short- term loans including Foreigncurrency loans for the Board. 21. The Board may set up such administrative, financial ano CommittHS. tecnnlcal committees for the effident performance of its functions as may be necesserv and e~tnJst to t",e committees such "'nctiors as it may consider necessary. CHAPTER-VIII HISCELUNEOUS 22. (1) The Board shall subr-ut an annual report to Gove'Tlment Submission of In respect of any of its activities and furnish such Information as Reports. and when 'equired by Government. (2) The Board shall post a,' relevant Information in a user friendly manner on its website. 23. The Board may, by general or special order, delegate any Delegation of of Its powers, functions and duties, to the Chairperson, member power •. or any officer of t'1e Board. 24. Every employee of the Board Including officers, advisors, Public Servant. corsultants and every person acting or purporting to act under this Act, rules and regulations sha,1be deemed to be a public servant Within the meanIng of section 21 of the Pa<istan Panel Code, 1860. 25. No act done or o-oceedln~s taken or order passed under validity of thiS Act shall be rendered Inva id merely on the ground 0: the proceeding•• existence of any vacancy in, or any defect In the constitution of the Board or Steering Committee, as the case may be. 26. No suit. prosecution, or other legal proceedings shall lie Indemnity. against the Government, Steering Committee, the Board, the Chairperson or any member, Officer, servants, advisers or consultants of the Board In respect of anything in good faith done or intended to be done under this Act or the rules and regulations made t'1ereunder. 27. The Board "ay, with the approval 01 Government, make Powers to make rules consistent With this Act for all or any of the fo'lowlng rules. matters, namely:· 120 J2J -'T-"H""!;'-'S...' I...,N",D",H,-,G,. 'O><..! V ..Tc.]'C",J~\Z""E... •...rTJ.JE...... f",.XuTlL' -"V",E",C~.2...8",. ~20",2C!1 ~P ARI:.lV (;) the consututlon, pOI'Jers and "'nct,ons of Committees; (ii) powers and cuees of the Ot'f'lCers, advisers, consuitarns and emp oyees of the Soard, (iii) service matters Incl"dlng rules regulating dlsclplhary action, grant of leave and retirement of the eMployees of the Board; (Iv) constitution of pension or PrOVidentFund for the benefit of the officers and other employees of the Board; and (v) such other matters as may appear to It necessary for giving effect to the provisions of this Act. (2) Until the rules or regulatiorS are framod by the Board, the Eff'lclencyand Discipline Rules, Cond"ct Rves, Leave Rules and all other Administrative and Flnanclal Rues, Regulations and s-.andlng orders Or instructions of Government sna I be app.lcableto tne employees of the Boand. (3) The pay, allowances and honor.n. of the employees sna·1 be as such as may be determined by the Board subject to its approval of from the Steering ComrT',ttee. 28. The Board may make regulations, not inconsistent with me Power to m.ke provlslcns of this Act and the rules made thereunder, for regulations. carrying out the ourposes of this Act. 29. If any difficulty arises In giving effect to any of the Removal 01 provisions of this Act, Government may make such order not difficulty. Inconsistent with the provisions of this Act for removing the difficulty. 30. (1) The S:ndh Solid Waste Management Boand Act, 2014:S Repeal and hereby Repealed. 56vings. (2) '1Ctv. th"'drcin~ me repea under scb-sect on ti"~ anything cer-e. proceec·nt;s 0" actiO., rake!'\f Nics or regL (!{iOiS 'Tu:tde, r-oti;c.Jtior or order issveo thereunder Sha I, so ~aras -~is 'ot lrco~sist.':wd tae provislo-.s of tn.s Act, be ceer-ee ro ~ave been done, ta~en. made or Issued, ~nder this sc: a,d s"al have effect accordlrgly, until a rerec, amended, r~sCi,ded or repealed by the cc+.petent autho'.ty. BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH G.M.UMAR FAROOQ SECRETARY PROVINCIAL ASSEMBLY OF SINDH Karachi: Printed at the Sindh Government Press 28-12-2021