7. Prescribed Authority. -(l) The Government of every State and Union Territory shall establish a prescribed authority with such members as may be specified for granting authorisation and implementing these rules. If the prescribed authority comprises of more than one member, a chairperson for the authority shall be designed.
(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 biomedical 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’s 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.
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