Bio Medical Waste (Management and Handling) Rules, 1998

Clause 2, 6 – Haryana Municipal Act, 1973 (24 of 1973), Section 128(1)(d) – Amendment in bye laws by notification dated 20.7.1998 -- In Indian Medical Association’s case, in C.W.P. No. 898 of 1999, decided on July 26, 1999, Division Bench declared the amendment in the bye-laws by Notification dated July 20, 1998, as ultra vires the provisions of the Haryana Municipal Act, 1973, in so far as entries 45 and 46 were concerned – Referral order has questioned the correctness of the said judgment on the ground that the impugned entries were clearly referable to clause (x) of Section 200 of the Haryana Municipal Act -- Held, since the bye-laws expressly trace their power to Section 128 no fault can be found with the reasoning of the Division Bench -- Reasoning of the Division Bench in the interpretation of S. 128(1)(d) upheld. Dr. A.C. Nagpal and others v. The State of Haryana and others, 2011(1) L.A.R. 248 (P&H Full Bench).

Clause 2, 6 – Haryana Municipal Act, 1973 (24 of 1973), Section 128(1)(d) – Amendment in bye laws by notification dated 20.7.1998 -- Reference to a Full Bench had also been made on the ground that the expression 'place of business' occurring in Section 128(1)(d) of the said Act has not been given the correct meaning – In Indian Medical Association’s case, in C.W.P. No. 898 of 1999, decided on July 26, 1999, Division Bench held amendment made in the Bye-laws for inclusion of private Nursing Homes in the schedule is clearly ultra vires to Section 128 of the Act – View of the Division Bench upheld. Dr. A.C. Nagpal and others v. The State of Haryana and others, 2011(1) L.A.R. 248 (P&H Full Bench).