Water Supply and Sanitation Act, 2022

Chapter-3
Responsibility and Liability for Drinking Water and Sanitation

8. Responsibility and Liability for Drinking Water and Sanitation: (1) The responsibility and liability for granting licenses for, constructing, operating, and managing drinking water services, sanitation services, and projects shall be of the Government of Nepal, Provincial Government, and Local Level.

(2) The responsibility and liability of the Government of Nepal, Provincial Government, and Local Level for the tasks pursuant to sub-section (1) shall be as follows:-
(a) Responsibility and liability of the Government of Nepal:-
(1) Large and complex projects of a national nature as prescribed related to drinking water and sanitation services,
(2) Projects to be built with co-investment and those with foreign aid,
(3) Projects providing drinking water and sanitation services to an area as prescribed, with a cost estimate as prescribed, or to a population as prescribed,
(4) Projects concerning more than one province,
(5) Multi-purpose wastewater treatment and management works requiring large investment as prescribed,
(6) Projects transferring water from natural resources of one watershed area to another watershed area,
(7) Projects as specified by the Government of Nepal,
(8) Monitoring drinking water and sanitation projects.

(b) Responsibility and liability of the Provincial Government:-
(1) Projects providing drinking water and sanitation services to an area as prescribed, with a cost estimate as prescribed, or to a population as prescribed,
(2) Regarding wastewater management and treatment,
(3) Projects affecting more than one Local Level within the Province.

(c) Responsibility and liability of the Local Level:-
(1) Basic drinking water and sanitation services at the local level,
(2) Raising public awareness regarding sanitation,
(3) Operation of wastewater management systems,
(4) Projects providing drinking water services to an area as prescribed, with a cost estimate as prescribed, or to a population as prescribed,
(5) Maintenance and rehabilitation of drinking water and sanitation projects operated by the Local Level.

(3) The implementation of matters for which responsibility and liability rests pursuant to clauses (b) and (c) of sub-section (2) shall be as per the laws of the relevant Province and Local Level.

(4) Notwithstanding anything contained in sub-section (3), until provincial and local laws are made, the Government of Nepal may work pursuant to this Act.

(5) Notwithstanding anything contained in this Section, if a Local Level is unable to complete a project for essential drinking water and sanitation due to higher costs, requirement of specialized technical expertise, geographical complexity, or manpower constraints, it may request the Provincial Government for project implementation, and the Provincial Government may request the Government of Nepal.

(6) Projects requested by the Local Level pursuant to sub-section (5) shall be implemented by the Provincial Government, and projects requested by the Provincial Government shall be implemented by the Government of Nepal.

(7) The authority to regulate drinking water and sanitation within their respective areas shall vest in the Government of Nepal, Provincial Government, and Local Level as mentioned in sub-section (2).