Chapter-5 Social, Cultural and Environmental Determinants for Protection, Promotion and Improvement of Public Health
- Quality of consumable goods: (1) The Government of Nepal may, in order to make the products, storage, sale and distribution of the consumable goods including food, meat and water, qualitative and fair, prescribe the minimum quality standards in accordance with the Federal law.
(2) It shall be the duty of the Province, Local Level and all the concerned to comply with the standards referred to in sub-section (1).
(3) Other provisions relating to the quality of consumable goods shall be in accordance with the prevailing law.
- Noise and air pollution: (1) The Government of Nepal may, for reducing the effect to the public health by noise, air, water and visibility pollution, determine standards regarding this in accordance with the Federal law.
(2) It shall be the duty of the Province, Local Level, general public, entrepreneurs, businesspersons, organizations and institutions to comply with the standards referred to in sub-section (1).
(3) The Government of Nepal shall, for reducing the effect to the public health by sound, air, water and visibility pollution, determine standards as to the noise, air, water, and visibility pollution in accordance with the Federal law.
- Sanitation and waste management: (1) The Government of Nepal may, in order to control or cause to be controlled the adverse effect to the human health by environmental pollution and waste, make necessary standards in accordance with the prevailing Federal law.
(2) The Government of Nepal shall make necessary standards for collecting, reusing, refining, disposing and regulating the health friendly waste.
(3) It shall be the duty of the Provincial and Local Level to comply with the standards referred to in sub-section (1) and (2).
(4) Each health institution shall manage the risk-free and risky waste by separating them pursuant to the prescribed standards.
(5) Each health institution shall provide the service providers with clean drinking water pursuant to the prescribed standards.
- Public health friendly residence, public transport and road infrastructure and safety: (1) While constructing residence area, the standards and quality prescribed by the Federal law shall be maintained for making health friendly.
(2) While constructing road infrastructures, construction shall be made to reduce road accidents and considering health promotion. While upgrading the standard of the newly constructed and old roads, arrangement shall be made for the footpaths, disabled friendly structures and bicycle lanes at the fixed places in accordance with the prevailing law.
(3) The Government of Nepal may, while operating the public transport, specify the necessary standards and implement, or cause to be implemented, such standards in order to make it environment friendly without adversely affecting the public health.
- Industry and urbanization: (1) In order to prevent by identifying the adverse effect likely to occur in the public health and to mitigate risk, public health impact assessment shall be conducted in the industries, businesses and projects before obtaining approval.
(2) The standards, mechanism and level wise working area of the public health impact assessment referred to in sub-section (1) shall be as prescribed by the Federal law.
(3) If adverse effect occurs in the public health as a result of failure to manage waste properly by any industry, business and project or due to any kind of radiation, the health treatment for the persons affected by this and in the case of the physical damage, animal and livestock and other damage occurred, arrangement for its appropriate compensation shall be made by the industrialist, businessperson and the project concerned.
(4) The Federal, Provincial and Local Level shall make arrangement for the promotion of public health friendly urbanization, having sufficient management for sports, recreation spot, park, walking space, riding bicycle, in consideration of good health.
(5) While determining the grant to be obtained by the Local Level under the prevailing law, the Government of Nepal shall develop and include public health friendly indicators.
- Safety of health of workers working in risky zone: (1) For the safety of health of the workers working in the risky zone, the concerned employer shall adopt safety measures in accordance with the prevailing law.
(2) The employers shall procure health insurance of employees or staffs working in risky zone pursuant to Sub-section (1) in accordance with the prevailing law.
(3) If any staff or employee is injured or dead due to the use of tool, equipment or any other material at the risky workplace referred to in sub-section (1), or if any health worker is seriously infected or falls ill in the course of providing service, the concerned employer shall make arrangements for health treatment and appropriate compensation.
(4) The health worker, staff or employee working at a risky workplace shall be provided with the risk allowance by the concerned employer as prescribed by the Government of Nepal.
- Advertisement, dissemination and transmission affecting public health: (1) No advertisement of the production, distribution, dissemination and transmission of advertising materials that adversely affect human health, including that of alcohol, cigarette, tobacco or tobacco-based substances shall be made.
(2) Production, distribution, dissemination and transmission of advertisements by keeping wrong or misleading information to attract towards any materials and services that affect mental and physical health shall be prohibited.
- Social, cultural superstitions affecting public health: The Federal, Provincial and Local Level may adopt necessary measures for controlling social and cultural superstitions that affect adversely in the public health.
- Special social security and programs for target groups: (1) The Local Level and Provincial Government shall make necessary arrangements to implement the programs for special social health security for the women, children, adolescents, Dalits, martyrs’ families, and other targeted groups as prescribed by the Government of Nepal.
(2) Other provisions relating to health services, facilities to be provided for the targeted groups pursuant to sub-section (1) and the process thereto shall be as prescribed.