Section 7 in The Bio-Medical Waste (Management And Handling) Rules, 1998
7. Prescribed authority .- [(1)] [Save as otherwise provided, the prescribed authority for enforcement of the provisions of these rules shall be the State Pollution Control Boards in respect of States and the Pollution Control Committees in respect of the Union territories and all pending cases with a prescribed authority appointed earlier shall stand transferred to the concerned State Pollution Control Board, or as the case may be, the Pollution Control Committee.] [ Substituted by S.O. 1069(E), dated 17.9.2003 (w.e.f. 17.9.2003).]
[(1-A) The prescribed authority for enforcement of the provisions of these rules in respect of all health care establishments including hospitals, nursing homes, clinics, dispensaries, veterinary institutions, Animal houses, pathological laboratories and blood banks of the Armed Forces under the Ministry of Defence shall be the Director General, Armed Forces Medical Services.] [ Inserted by S.O. 1069(E), dated 17.9.2003 (w.e.f. 17.9.2003).](2)The prescribed authority for the State or Union Territory shall be appointed within one month of the coming into force of these rules.(3)The prescribed authority shall function under the supervision and control of the respective Government of the State or Union Territory.(4)The prescribed authority shall on receipt of Form I make such enquiry as it deems fit and if it is satisfied that the applicant possesses the necessary capacity to handle bio-medical waste in accordance with these rules, grant or renew an authorisation, as the case may be.(5)An authorisation shall be granted for a period of three years, including an initial trial period of one year from the date of issue. Thereafter, an application shall be made by the occupier/operator for renewal. All such subsequent authorisation shall be for a period of three years. A provisional authorisation will be granted for the trial period, to enable the occupier/operator to demonstrate the capacity of the facility.(6)The prescribed authority may after giving reasonable opportunity of being heard to the applicant and for reasons thereof to be recorded in writing, refuse to grant or renew authorisation.(7)Every application for authorisation shall be disposed of by the prescribed authority within ninety days from the date of receipt of the application.(8)The prescribed authority may cancel or suspend an authorisation, if for reasons, to be recorded in writing, the occupier/operator has failed to comply with any provision of the Act or these rules:Provided that no authorisation shall be cancelled or suspended without giving a reasonable opportunity to the occupier/operator of being heard.
