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Prohibition of manual scavenging act,2013 (Civil Law)

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Author : P.ESAKKIMUTHU

Posted On 02 December 2013 at 22:35

1)Whether The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act,2013 is notified in the Official Gazette?If so the date of notification or a scanned copy of the notification may be furnished

2)Whether Govt.of India has formulated /published Model Rules under Sec 37 of the above Act? If so If so the date of notification or a scanned copy of the notification of Model Rules may be furnished
3)Whether any State Governments and particularly Govt of Tamilnadu has notified Rules under Sec 36 of the Act

I request the Legal Experts to guide me in the above matter early




Expert : C. P. CHUGH

Posted On 02 December 2013 at 23:28

As desired
THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS
AND THEIR REHABILITATION ACT, 2013
NO. 25 OF 2013
[18th September, 2013.]
An Act to provide for the prohibition of employment as manual scavengers,
rehabilitation of manual scavengers and their families, and for matters
connected therewith or incidental thereto.
WHEREAS promoting among the citizens fraternity assuring the dignity of the individual
is enshrined as one of the goals in the Preamble to the Constitution;
AND WHEREAS the right to live with dignity is also implicit in the Fundamental Rights
guaranteed in Part III of the Constitution;
AND WHEREAS article 46 of the Constitution, inter alia, provides that the State shall
protect the weaker sections, and, particularly, the Scheduled Castes and the Scheduled
Tribes from social injustice and all forms of exploitation;
AND WHEREAS the dehumanising practice of manual scavenging, arising from the
continuing existence of insanitary latrines and a highly iniquitous caste system, still persists
in various parts of the country, and the existing laws have not proved adequate in eliminating
the twin evils of insanitary latrines and manual scavenging;
jftLVªh lañ Mhñ ,yñ—¼,u½04@0007@2003—13 REGISTERED NO. DL—(N)04/0007/2003—13
vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II—Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 35] ubZ fnYyh] c`gLifrokj] flrEcj 19] 2013@ Hkknz 28] 1935 ¼'kd½
No. 35] NEW DELHI, THURSDAY, SEPTEMBER 19, 2013/ BHADRA 28, 1935 (SAKA)
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 19th September, 2013/Bhadra 28, 1935 (Saka)
The following Act of Parliament received the assent of the President on the
18th September, 2013, and is hereby published for general information:—
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
AND WHEREAS it is necessary to correct the historical injustice and indignity suffered
by the manual scavengers, and to rehabilitate them to a life of dignity.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Prohibition of Employment as Manual Scavengers
and their Rehabilitation Act, 2013.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint:
Provided that the date so notified shall not be earlier than sixty days after the date of
publication of the notification in the Official Gazette.
2. (1) In this Act, unless the context otherwise requires,—
(a) “agency” means any agency, other than a local authority, which may
undertake sanitation facilities in an area and includes a contractor or a firm or a company
which engages in development and maintenance of real estate;
(b) “appropriate government”, in relation to Cantonment Boards, railway lands,
and lands and buildings owned by the Central Government, a Central Public Sector
Undertaking or an autonomous body wholly or substantially funded by the Central
Government, means the Central Government and in all other cases, the State
Government;
(c) “Chief Executive Officer”, in relation to a Municipality or Panchayat, means,
its senior-most executive officer, by whatever name called;
(d) “hazardous cleaning” by an employee, in relation to a sewer or septic tank,
means its manual cleaning by such employee without the employer fulfilling his
obligations to provide protective gear and other cleaning devices and ensuring
observance of safety precautions, as may be prescribed or provided in any other law,
for the time being in force or rules made thereunder;
(e) “insanitary latrine” means a latrine which requires human excreta to be cleaned
or otherwise handled manually, either in situ, or in an open drain or pit into which the
excreta is discharged or flushed out, before the excreta fully decomposes in such
manner as may be prescribed:
Provided that a water flush latrine in a railway passenger coach, when cleaned
by an employee with the help of such devices and using such protective gear, as the
Central Government may notify in this behalf, shall not be deemed to be an insanitary latrine.
(f) “local authority” means,—
(i) a Municipality or a Panchayat, as defined in clause (e) and clause (f) of
article 243P of the Constitution, which is responsible for sanitation in its area of
jurisdiction;
(ii) a Cantonment Board constituted under section 10 of the Cantonments
Act, 2006; and
(iii) a railway authority;
(g) “manual scavenger” means a person engaged or employed, at the
commencement of this Act or at any time thereafter, by an individual or a local authority
or an agency or a contractor, for manually cleaning, carrying, disposing of, or otherwise
handling in any manner, human excreta in an insanitary latrine or in an open drain or pit
into which the human excreta from the insanitary latrines is disposed of, or on a
41 of 2006.
Short title,
extent and
commencement.
Definitions.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
railway track or in such other spaces or premises, as the Central Government or a State
Government may notify, before the excreta fully decomposes in such manner as may be
prescribed, and the expression “manual scavenging” shall be construed accordingly.
Explanation.—For the purpose of this clause,—
(a) “engaged or employed” means being engaged or employed on a regular
or contract basis;
(b) a person engaged or employed to clean excreta with the help of such
devices and using such protective gear, as the Central Government may notify
in this behalf, shall not be deemed to be a ‘manual scavenger’;
(h) “National Commission for Safai Karmacharis” means the National Commission
for Safai Karamcharis constituted under section 3 of the National Commission for Safai
Karmacharis Act, 1993 and continued by Resolution of the Government of India in the
Ministry of Social Justice and Empowerment vide No.17015/18/2003-SCD-VI, dated
24th February, 2004 and as amended from time to time;
(i) “notification” means a notification published in the Official Gazette and the
expression “notify” shall be construed accordingly;
(j) “occupier”, in relation to the premises where an insanitary latrine exists, or
someone is employed as a manual scavenger, means the person who, for the time
being, is in occupation of such premises;
(k) “owner”, in relation to the premises where an insanitary latrine exists or
someone is employed as a manual scavenger, means, the person who, for the time
being has legal title to such premises;
(l) “prescribed” means prescribed by the rules made under this Act;
(m) “railway authority” means an authority administering railway land, as may
be notified by the Central Government in this behalf;
(n) “railway land” shall have the meaning assigned to it in clause (32A) of
section 2 of the Railways Act, 1989;
(o) “sanitary latrine” means a latrine which is not an ‘insanitary latrine’;
(p) “septic tank” means a water-tight settling tank or chamber, normally located
underground, which is used to receive and hold human excreta, allowing it to decompose
through bacterial activity;
(q) “sewer” means an underground conduit or pipe for carrying off human excreta,
besides other waste matter and drainage wastes;
(r) “State Government”, in relation to a Union territory, means the Administrator
thereof appointed under article 239 of the Constitution;
(s) “survey” means a survey of manual scavengers undertaken in pursuance of
section 11 or section 14.
(2) Words and expressions used and not defined in this Act, but defined in the
Cantonments Act, 2006, shall have the same meanings respectively assigned to them in that
Act.
(3) The reference to a Municipality under Chapters IV to VIII of this Act shall include
a reference to, as the case may be, the Cantonment Board or the railway authority, in respect
of areas included within the jurisdiction of the Cantonment Board and the railway land,
respectively.
64 of 1993.
24 of 1989.
41 of 2006.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
3. The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in the Employment of Manual Scavengers and Construction of Dry
Latrines (Prohibition) Act, 1993 or in any other law, or in any instrument having effect by
virtue of any other law.
CHAPTER II
IDENTIFICATION OF INSANITARY LATRINES
4. (1) Every local authority shall,—
(a) carry out a survey of insanitary latrines existing within its jurisdiction, and
publish a list of such insanitary latrines, in such manner as may be prescribed, within
a period of two months from the date of commencement of this Act;
(b) give a notice to the occupier, within fifteen days from the date of publication
of the list under clause (a), to either demolish the insanitary latrine or convert it into a
sanitary latrine, within a period of six months from the date of commencement of this
Act:
Provided that the local authority may for sufficient reasons to be recorded in
writing extend the said period not exceeding three months;
(c) construct, within a period not exceeding nine months from the date of
commencement of this Act, such number of sanitary community latrines as it considers
necessary, in the areas where insanitary latrines have been found.
(2) Without prejudice to the provisions contained in sub-section (1), Municipalities,
Cantonment Boards and railway authorities shall also construct adequate number of sanitary
community latrines, within such period not exceeding three years from the date of
commencement of this Act, as the appropriate Government may, by notification, specify, so
as to eliminate the practice of open defecation in their jurisdiction.
(3) It shall be the responsibility of local authorities to construct community sanitary
latrines as specified in sub-sections (1) and (2), and also to make arrangements for their
hygienic upkeep at all times.
Explanation.—For the purposes of this section, “community” in relation to railway
authorities means passengers, staff and other authorised users of railways.
CHAPTER III
PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT
AS MANUAL SCAVENGER
5. (1) Notwithstanding anything inconsistent therewith contained in the Employment
of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, no person,
local authority or any agency shall, after the date of commencement of this Act,—
(a) construct an insanitary latrine; or
(b) engage or employ, either directly or indirectly, a manual scavenger, and every
person so engaged or employed shall stand discharged immediately from any obligation,
express or implied, to do manual scavenging.
(2) Every insanitary latrine existing on the date of commencement of this Act, shall
either be demolished or be converted into a sanitary latrine, by the occupier at his own cost,
before the expiry of the period so specified in clause (b) of sub-section (1) of section 4:
Provided that where there are several occupiers in relation to an insanitary latrine, the
liability to demolish or convert it shall lie with,—
(a) the owner of the premises, in case one of the occupiers happens to be the
owner; and
46 of 1993.
Local
authorities to
survey
insanitary
latrines and
provide
sanitary
community
latrines.
Prohibition of
insanitary
latrines and
employment
and engagement
of
manual
scavenger.
Act to have
overriding
effect.
46 of 1993.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(b) all the occupiers, jointly and severally, in all other cases:
Provided that the State Government may give assistance for conversion of insanitary
latrines into sanitary latrines to occupiers from such categories of persons and on such
scale, as it may, by notification, specify:
Provided further that non-receipt of State assistance shall not be a valid ground to
maintain or use an insanitary latrine, beyond the said period of nine months.
(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitary
latrine within the period specified in sub-section (2), the local authority having jurisdiction
over the area in which such insanitary latrine is situated, shall, after giving notice of not less
than twenty one days to the occupier, either convert such latrine into a sanitary latrine, or
demolish such insanitary latrine, and shall be entitled to recover the cost of such conversion
or, as the case may be, of demolition, from such occupier in such manner as may be prescribed.
6. (1) Any contract, agreement or other instrument entered into or executed before the
date of commencement of this Act, engaging or employing a person for the purpose of
manual scavenging shall, on the date of commencement of this Act, be terminated and such
contract, agreement or other instrument shall be void and inoperative and no compensation
shall be payable therefor.
(2) Notwithstanding anything contained in sub-section (1), no person employed or
engaged as a manual scavenger on a full-time basis shall be retrenched by his employer, but
shall be retained, subject to his willingness, in employment on at least the same emoluments,
and shall be assigned work other than manual scavenging.
7. No person, local authority or any agency shall, from such date as the State
Government may notify, which shall not be later than one year from the date of commencement
of this Act, engage or employ, either directly or indirectly, any person for hazardous cleaning
of a sewer or a septic tank.
8. Whoever contravenes the provisions of section 5 or section 6 shall for the first
contravention be punishable with imprisonment for a term which may extend to one year or
with fine which may extend to fifty thousand rupees or with both, and for any subsequent
contravention with imprisonment which may extend to two years or with fine which may
extend to one lakh rupees, or with both.
9. Whoever contravenes the provisions of section 7 shall for the first contravention be
punishable with imprisonment for a term which may extend to two years or with fine which
may extend to two lakh rupees or with both, and for any subsequent contravention with
imprisonment which may extend to five years or with fine which may extend to five lakh
rupees, or with both.
10. No court shall take cognizance of any offence punishable under this Act except
upon a complaint thereof is made by a person in this behalf within three months from the date
of the occurrence of the alleged commission of the offence.
CHAPTER IV
IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND
RURAL AREAS AND THEIR REHABILITATION
11. (1) If any Municipality has reason to believe that some persons are engaged or
employed in manual scavenging within its jurisdiction, the Chief Executive Officer of such
Municipality shall cause a survey to be undertaken to identify such persons.
(2) The content and methodology of the survey referred to in sub-section (1) shall be
such as may be prescribed, and it shall be completed within a period of two months from its
commencement in the case of Municipal Corporations, and within a period of one month in
the case of other Municipalities.
Contract,
agreement,
etc., to be
void.
Prohibition of
persons from
engagement or
employment
for hazardous
cleaning of
sewers and
septic tanks.
Penalty for
contravention
of section 5 or
section 6.
Penalty for
contravention
of section 7.
Limitation of
prosecution.
Survey of
manual
scavengers in
urban areas by
Municipalities.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(3) The Chief Executive Officer of the Municipality, in whose jurisdiction the survey is
undertaken, shall be responsible for accurate and timely completion of the survey.
(4) After completion of the survey, the Chief Executive Officer shall cause to be drawn
up a provisional list of persons found to be working as manual scavengers within the
jurisdiction of his Municipality and fulfilling the eligibility conditions as may be prescribed,
shall cause such provisional list to be published for general information in such manner, as
may be prescribed, and shall invite objections to the list from the general public.
(5) Any person having any objection, either to the inclusion or exclusion of any name
in the provisional list published in pursuance of sub-section (4), shall, within a period of
fifteen days from such publication, file an objection, in such form as the Municipality may
notify, to the Chief Executive Officer.
(6) All objections received in pursuance of sub-section (5), shall be enquired into, and
thereafter a final list of persons found to be working as manual scavengers within the local
limits of the municipality, shall be published by it in such manner, as may be prescribed.
(7) As soon as the final list of manual scavengers, referred to in sub-section (6) is
published, the persons included in the said list shall, subject to the provisions of
sub-section (2) of section 6, stand discharged from any obligation to work as manual scavengers.
12. (1) Any person working as a manual scavenger in an urban area, may, either during
the survey undertaken by the Municipality in pursuance of section 11, within whose
jurisdiction he works, or at any time thereafter, apply, in such manner, as may be prescribed,
to the Chief Executive Officer of the Municipality, or to any other officer authorised by him in
this behalf, for being identified as a manual scavenger.
(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall
cause it to be enquired into, either as part of the survey undertaken under section 11, or,
when no such survey is in progress, within fifteen days of receipt of such application, to
ascertain whether the applicant is a manual scavenger.
(3) If an application is received under sub-section (1) when a survey under section 11
is not in progress, and is found to be true after enquiry in accordance with sub-section (2),
action shall be taken to add the name of such a person to the final list published under
sub-section (6) of section 11, and the consequences mentioned in sub-section (7) thereof
shall follow.
13. (1) Any person included in the final list of manual scavengers published in pursuance
of sub-section (6) of section 11 or added thereto in pursuance of sub-section (3) of section 12,
shall be rehabilitated in the following manner, namely:—
(a) he shall be given, within one month,—
(i) a photo identity card, containing, inter alia, details of all members of
his family dependent on him, and
(ii) such initial, one time, cash assistance, as may be prescribed;
(b) his children shall be entitled to scholarship as per the relevant scheme of the
Central Government or the State Government or the local authorities, as the case may be;
(c) he shall be allotted a residential plot and financial assistance for house
construction, or a ready-built house, with financial assistance, subject to eligibility
and willingness of the manual scavenger, and the provisions of the relevant scheme of
the Central Government or the State Government or the concerned local authority;
(d) he, or at least one adult member of his family, shall be given, subject to
eligibility and willingness, training in a livelihood skill, and shall be paid a monthly
stipend of not less than three thousand rupees, during the period of such training;
(e) he, or at least one adult member of his family, shall be given, subject to
Application
by an urban
manual
scavenger for
identification.
Rehabilitation
of
persons
identified as
manual
scavengers
by a Municipality.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
eligibility and willingness, subsidy and concessional loan for taking up an alternative
occupation on a sustainable basis, in such manner as may be stipulated in the relevant
scheme of the Central Government or the State Government or the concerned local
authority;
(f) he shall be provided such other legal and programmatic assistance, as the
Central Government or State Government may notify in this behalf.
(2) The District Magistrate of the district concerned shall be responsible for
rehabilitation of each manual scavenger in accordance with the provisions of sub-section (1)
and the State Government or the District Magistrate concerned may, in addition, assign
responsibilities in his behalf to officers subordinate to the District Magistrate and to officers
of the concerned Municipality.
14. If any Panchayat has reason to believe that some persons are engaged in manual
scavenging within its jurisdiction, the Chief Executive Officer of such Panchayat shall cause
a survey of such manual scavengers to be undertaken, mutatis mutandis, in accordance with
the provisions of section 11 and section 12, to identify such person.
15. (1) Any person working as a manual scavenger, in a rural area, may, either during
the survey undertaken by the Panchayat within whose jurisdiction he works, in pursuance of
section 14 or at any time thereafter, apply, in such manner, as may be prescribed, to the Chief
Executive Officer of the concerned Panchayat, or to any other officer authorised by him in
this behalf, for being identified as a manual scavenger.
(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall
cause it to be enquired into, either as part of the survey undertaken under section 14 or when
no such survey is in progress, within fifteen days of receipt of such application, so as to
ascertain whether the applicant is a manual scavenger.
16. Any person included in the final list of manual scavengers, published in pursuance
of section 14 or added thereto in pursuance of sub-section (2) of section 15 shall be
rehabilitated, mutatis mutandis, in the manner laid down for urban manual scavengers in
section 13.
CHAPTER V
IMPLEMENTING AUTHORITIES
17. Notwithstanding anything contained in any other law for the time being in force, it
shall be the responsibility of every local authority to ensure, through awareness campaign
or in such other manner that after the expiry of a period of nine months, from the date of
commencement of this Act,—
(i) no insanitary latrine is constructed, maintained or used within its jurisdiction;
and
(ii) in case of contravention of clause (i), action is taken against the occupier
under sub-section (3) of section 5.
18. The appropriate Government may confer such powers and impose such duties on
local authority and District Magistrate as may be necessary to ensure that the provisions of
this Act are properly carried out, and a local authority and the District Magistrate may,
specify the subordinate officers, who shall exercise all or any of the powers, and perform all
or any of the duties, so conferred or imposed, and the local limits within which such powers
or duties shall be carried out by the officer or officers so specified.
19. The District Magistrate and the authority authorised under section 18 or any other
subordinate officers specified by them under that section shall ensure that, after the expiry
of such period as specified for the purpose of this Act,—
(a) no person is engaged or employed as manual scavenger within their
jurisdiction;
Survey of
manual
scavengers in
rural areas by
Panchayats.
Application
by a rural
manual
scavenger for
identification.
Rehabilitation
of persons
identified as
manual
scavengers by
a Panchayat.
Responsibility
of local
authorities to
ensure
elimination of
insanitary
latrines.
Authorities
who may be
specified for
implementing
provisions of
this Act.
Duty of
District
Magistrate
and authorised
officers.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) no one constructs, maintains, uses or makes available for use, an insanitary
latrine;
(c) manual scavengers identified under this Act are rehabilitated in accordance
with section 13, or as the case may be, section 16;
(d) persons contravening the provisions of section 5 or section 6 or section 7
are investigated and prosecuted under the provisions of this Act; and
(e) all provisions of this Act applicable within his jurisdiction are duly complied
with.
20. (1) The appropriate Government may, by notification, appoint such persons as it
thinks fit to be inspectors for the purposes of this Act, and define the local limits within
which they shall exercise their powers under this Act.
(2) Subject to any rules made in this behalf, an inspector may, within the local limits of
his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary,
any premises or place for the purpose of,—
(a) examining and testing any latrine, open drain or pit or for conducting an
inspection of any premises or place, where he has reason to believe that an offence
under this Act has been or is being or is about to be committed, and to prevent
employment of any person as manual scavenger;
(b) examine any person whom he finds in such premises or place and who, he has
reasonable cause to believe, is employed as a manual scavenger therein, or is otherwise
in a position to furnish information about compliance or non-compliance with the
provisions of this Act and the rules made thereunder;
(c) require any person whom he finds on such premises, to give information
which is in his power to give, with respect to the names and addresses of persons
employed on such premises as manual scavenger and of the persons or agency or
contractor employing or engaging them;
(d) seize or take copies of such registers, record of wages or notices or portions
thereof as he may consider relevant in respect of an offence under this Act which he
has reason to believe has been committed by the principal employer or agency; and
(e) exercise such other powers as may be prescribed.
(3) Any person required to produce any document or thing or to give any information
required by an inspector under sub-section (2) shall be deemed to be legally bound to do so
within the meaning of section 175 and section 176 of the Indian Penal Code.
(4) The provisions of the Code of Criminal Procedure, 1973, shall, so far as may be,
apply to any such search or seizure under sub-section (2) as they apply to such search or
seizure made under the authority of a warrant issued under section 94 of the said Code.
CHAPTER VI
PROCEDURE FOR TRIAL
21. (1) The State Government may confer, on an Executive Magistrate, the powers of a
Judicial Magistrate of the first class for the trial of offences under this Act; and, on such
conferment of powers, the Executive Magistrate, on whom the powers are so conferred, shall
be deemed, for the purposes of the Code of Criminal Procedure, 1973, to be a Judicial Magistrate
of the first class.
(2) An offence under this Act may be tried summarily.
22. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,
every offence under this Act shall be cognizable and non-bailable.
45 of 1860.
2 of 1974.
2 of 1974.
Appointment
of inspectors
and their
powers.
Offences to
be tried by
Executive
Magistrate.
Offence to be
cognizable
and nonbailable.
2 of 1974.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
23. (1) Where an offence under this Act has been committed by a company, every
person who, at the time the offence was committed, was in charge of, and was responsible to,
the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly.
(2) Notwithstanding anything contained in sub-section (1), where any offence under
this Act has been committed by a company and it is proved that offence has been committed
with the consent or connivance of, or is attributable to, any neglect on the part of, any
director, manager, secretary or other officer of the company, such director, manager, secretary
or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association
of individuals; and
(b) “director” in relation to a firm, means a partner in the firm.
CHAPTER VII
VIGILANCE COMMITTEES
24. (1) Every State Government shall, by notification, constitute a Vigilance Committee
for each district and each Sub-Division.
(2) Each Vigilance Committee constituted for a district shall consist of the following
members, namely:—
(a) the District Magistrate—Chairperson, ex officio;
(b) all members of the State Legislature belonging to the Scheduled Castes
elected from the district—members:
Provided that if a district has no member of the State Legislature belonging to
the Scheduled Castes, the State Government may nominate such number of other
members of the State Legislature from the district, not exceeding two, as it may deem
appropriate.
(c) the district Superintendent of Police— member, ex officio;
(d) the Chief Executive Officer of,—
(i) the Panchayat at the district level—member, ex officio;
(ii) the Municipality of the district headquarters—member, ex officio;
(iii) any other Municipal Corporation constituted in the district—
member, ex officio;
(iv) Cantonment Board, if any, situated in the district—member,
ex officio;
(e) one representative be nominated by the railway authority located in the
district;
(f) not more than four social workers belonging to organisation working for the
prohibition of manual scavenging and rehabilitation of manual scavengers, or,
representing the scavenger community, resident in the district, to be nominated by the
District Magistrate, two of whom shall be women;
(g) one person to represent the financial and credit institutions in the district, to
be nominated by the District Magistrate;
(h) the district-level officer in-charge of the Scheduled Castes Welfare—
Member-Secretary, ex officio;
Offences by
companies.
Vigilance
Committees.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(i) district-level officers of Departments and agencies who, in the opinion of the
District Magistrate, subject to general orders, if any, of the State Government, have a
significant role to play in the implementation of this Act.
(3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of the
following members, namely:—
(a) the Sub-Divisional Magistrate—Chairperson, ex officio;
(b) the Chairpersons and the Chief Executive Officers of Panchayats at
intermediate level of the Sub-Division, and where Panchayats at intermediate level, do
not exist, Chairpersons from two Panchayats at Village level to be nominated by the
Sub-Divisional Magistrate—member, ex officio;
(c) the Sub-Divisional Officer of Police—member, ex officio;
(d) Chief Executive Officer of—
(i) the Municipality of the Sub-Divisional headquarters—member,
ex officio; and
(ii) Cantonment Board, if any, situated in the Sub-Division—member,
ex officio;
(e) one representative to be nominated by the railway authority located in the
Sub-Division—member, ex officio;
(f) two social workers belonging to the organisation working for the prohibition
of manual scavenging and rehabilitation of the manual scavengers, or representing the
scavenger community resident in the Sub-Division, to be nominated by the District
Magistrate, one of whom shall be a woman;
(g) one person to represent the financial and credit institutions in the
Sub-Division, to be nominated by the Sub-Divisional Magistrate;
(h) the Sub-Divisional level officer in-charge of Scheduled Castes welfare—
Member-Secretary, ex officio;
(i) Sub-Divisional level officers of Department and agencies who in the opinion
of the Sub-Divisional Magistrate, subject to any general orders of the State Government
or the District Magistrate, have a significant role to play in the implementation of this
Act—member, ex officio.
(4) Each Vigilance Committee constituted at district and Sub-Divisional level shall
meet at least once in every three months.
(5) No proceeding of a Vigilance Committees shall be invalid merely by reason of any
defect in its constitution.
25. The functions of Vigilance Committee shall be—
(a) to advise the District Magistrate or, as the case may be, the Sub-Divisional
Magistrate, on the action which needs to be taken, to ensure that the provisions of this
Act or of any rule made thereunder are properly implemented;
(b) to oversee the economic and social rehabilitation of manual scavengers;
(c) to co-ordinate the functions of all concerned agencies with a view to channelise
adequate credit for the rehabilitation of manual scavengers;
(d) to monitor the registration of offences under this Act and their investigation
and prosecution.
Functions of
Vigilance
Committee.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
26. (1) Every State Government shall, by notification, constitute a State Monitoring
Committee, consisting of the following members, namely:—
(a) the Chief Minister of State or a Minister nominated by him—Chairperson,
ex officio;
(b) the Minister-in-charge of the Scheduled Castes Welfare, and such other
Department, as the State Government may notify;
(c) Chairperson of the State Commissions for Safai Karamcharis, and Scheduled
Castes, if any— member, ex officio;
(d) representatives of the National Commission for Scheduled Castes, and Safai
Karamcharis—member, ex officio;
(e) not less than two members of the State Legislature belonging to the Scheduled
Castes, nominated by the State Government:
Provided that if any State Legislature has no member belonging to the
Scheduled Castes, the State Government may nominate the members belonging to the
Scheduled Tribes;
(f) the Director-General of Police— member, ex officio;
(g) Secretaries to the State Government in the Departments of Home, Panchayati
Raj, Urban Local Bodies, and such other Departments, as the State Government may notify;
(h) Chief Executive Officer of at least one Municipal Corporation, Panchayat at
the district-level, Cantonment Board and railway authority as the State Government
may notify;
(i) not more than four social workers belonging to organisation working for the
prohibition of manual scavenging and rehabilitation of manual scavengers, or,
representing the scavenger community, resident in the State, to be nominated by the
State Government, two of whom shall be women;
(j) State-level head of the convener Bank of the State Level Bankers’ Committee—
member, ex officio;
(k) Secretary of the Department of the State Government dealing with
development of the Scheduled Castes—Member-Secretary, ex officio;
(l) such other representative of Departments of the State Government and such
other agencies which, in the opinion of the State Government, are concerned with the
implementation of this Act.
(2) The State Monitoring Committee shall meet at least once in every six months and
shall observe such rules of procedure in regard to the transaction of business at its meetings
as may be prescribed.
27. The functions of the State Monitoring Committee shall be—
(a) to monitor and advise the State Government and local authorities for effective
implementation of this Act;
(b) to co-ordinate the functions of all concerned agencies;
(c) to look into any other matter incidental thereto or connected therewith for
implementation of this Act.
28. Every State or Union territory Government and Union territory administration shall
send such periodic reports to the Central Government about progress of implementation of
this Act, as the Central Government may require.
29. (1) The Central Government shall, by notification, constitute a Central Monitoring
Committee in accordance with the provisions of this section.
Functions of
the State
Monitoring
Committee.
Duty of
States or
Union
territories to
send periodic
reports to the
Central
Government.
Central
Monitoring
Committee.
State
Monitoring
Committee.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) The Central Monitoring Committee shall consist of the following members,
namely:—
(a) The Union Minister for Social Justice and Empowerment—Chairperson,
ex officio;
(b) Chairperson of the National Commission for Scheduled Castes—member,
ex officio;
(c) Minister of State in the Ministry of Social Justice and Empowerment—
member, ex officio;
(d) Chairperson, National Commission for Safai Karamcharis— member, ex officio;
(e) the Member of the Planning Commission dealing with development of the
Scheduled Castes—member, ex officio;
(f) three elected members of Parliament belonging to Scheduled Castes, two from
the Lok Sabha and one from the Rajya Sabha;
(g) Secretaries of the Ministries of,—
(i) Social Justice and Empowerment, Department of Social Justice and
Empowerment;
(ii) Urban Development;
(iii) Housing and Urban Poverty Alleviation;
(iv) Drinking Water and Sanitation;
(v) Panchayati Raj;
(vi) Finance, Department of Financial Services; and
(vii) Defence,
members, ex officio;
(h) Chairman, Railway Board—member, ex officio;
(i) Director-General, Defence Estates— member, ex officio;
(j) representatives of not less than six State Governments and one Union territory,
as the Central Government may, notify;
(k) not more than six social workers belonging to organisation working for the
prohibition of manual scavenging and rehabilitation of manual scavengers, or,
representing the scavenger community, resident in the country, to be nominated by
the Chairperson, two of whom shall be women;
(l) Joint Secretary, Department of Social Justice and Empowerment in the
Ministry of Social Justice and Empowerment, looking after development of Scheduled
Castes—Member-Secretary, ex officio;
(m) such other representatives of Central Ministries or Departments and agencies
which, in the opinion of the Chairperson, are concerned with the implementation of
this Act.
(3) The Central Monitoring Committee shall meet at least once in every six months.
30. The functions of the Central Monitoring Committee shall be,—
(a) to monitor and advise the Central Government and State Government for
effective implementation of this Act and related laws and programmes;
(b) to co-ordinate the functions of all concerned agencies;
(c) to look into any other matter incidental to or connected with implementation
of this Act.
Functions of
the Central
Monitoring
Committee.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
31. (1) The National Commission for Safai Karamcharis shall perform the following
functions, namely:—
(a) to monitor the implementation of this Act;
(b) to enquire into complaints regarding contravention of the provisions of this
Act, and to convey its findings to the concerned authorities with recommendations
requiring further action; and
(c) to advise the Central and the State Governments for effective implementation
of the provisions of this Act.
(d) to take suo motu notice of matter relating to non-implementation of this Act.
(2) In the discharge of its functions under sub-section (1), the National Commission
shall have the power to call for information with respect to any matter specified in that subsection
from any Government or local or other authority.
32. (1) The State Government may, by notification, designate a State Commission for
Safai Karamcharis or a State Commission for the Scheduled Castes or such other statutory or
other authority, as it deems fit, to perform, within the State, mutatis mutandis, the functions
specified in sub-section (1) of section 31.
(2) An authority designated under sub-section (1) shall, within the State, have,
mutatis mutandis, the powers of the National Commission for Safai Karamcharis as specified
in sub-section (2) of section 31.
CHAPTER VIII
MISCELLANEOUS
33. (1) It shall be the duty of every local authority and other agency to use appropriate
technological appliances for cleaning of sewers, septic tanks and other spaces within their
control with a view to eliminating the need for the manual handling of excreta in the process
of their cleaning.
(2) It shall be the duty of the appropriate Government to promote, through financial
assistance, incentives and otherwise, the use of modern technology, as mentioned in subsection
(1).
34. No suit, prosecution or other legal proceeding shall lie against an appropriate
Government or any officer of the appropriate Government or any member of the Committee
for anything which is in good faith done or intended to be done under this Act.
35. No civil court shall have jurisdiction in respect of any matter to which any provision
of this Act applies and no injunction shall be granted by any civil court in respect of anything,
which is done or intended to be done, by or under this Act.
36. (1) The appropriate Government shall, by notification, make rules for carrying out
the provisions of this Act, within a period not exceeding three months from the date of
commencement of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the obligation of an employer, under clause (d) of sub-section (1) of
section 2;
(b) the manner in which the excreta fully decomposes under clauses (e) and (g)
of sub-section (1) of section 2;
(c) the manner of carrying out survey of insanitary latrine and publishing list
thereof under clause (a) of sub-section (1) of section 4;
(d) procedure of giving notice and recovering cost of demolition of an insanitary
latrine under sub-section (3) of section 5;
(e) content and methodology of the survey under sub-section (2) of section 11;
Functions of
National
Commission
for Safai
Karamcharis.
Power of
State
Government
to designate
an appropriate
authority
to monitor
the implementation
of
this Act.
Duty of local
authorities
and other
agencies to
use modern
technology
for cleaning
of sewers, etc.
Protection of
action taken
in good faith.
Jurisdiction of
civil courts
barred.
Power of
appropriate
Government
to make rules.
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(f) the eligibility conditions for identification of manual scavengers and publication
of provisional list of persons found to be working as manual scavengers under sub-section
(4) of section 11;
(g) publication of final list of persons found to be working as manual scavengers
under sub-section (6) of section 11;
(h) manner of application to be made to the Chief Executive Officer of the
municipality, or to an officer authorised by him in this behalf, under sub-section (1) of
section 12 or, as the case may be, sub-section (1) of section 15;
(i) provision of initial, one time, cash assistance under sub-clause (ii) of clause
(a) of sub-section (1) of section 13;
(j) such other powers of Inspectors under clause (e) of sub-section (2) of section
20; and
(k) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act by the Central Government shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
(4) Every rule made under this Act by the State Government shall, as soon as may be
after it is made, be laid before each House of State Legislature, where there are two Houses
and where there is one House of State Legislature, before that House.
37. (1) Notwithstanding anything contained in section 36 of this Act:—
(a) the Central Government shall, by notification, publish model rules for the
guidance and use of State Governments; and
(b) in case the State Government fails to notify the rules under section 36 of this
Act within the period of three months specified therein, then the model rules as notified
by the Central Government shall be deemed to have come into effect, mutatis mutandis,
in such State, till such time as the State Government notifies its rules.
(2) The model rules made by the Central Government under this Act shall be laid, as
soon as may be after they are made, before each House of Parliament while it is in session, for
a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses make any modification in the
rule, the rule shall thereafter have effect only in such modified form; so, however, that any
such modification shall be without prejudice to the validity of anything previously done
under that rule.
38. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient
for the removal of the difficulty:
Provided that no such order shall be made in relation to a State after the expiration of
three years from the commencement of this Act in that State.
(2) Every order made under this section shall, as soon as may be after it is made, be laid
before each House of Parliament.
Power to
remove
difficulties.
Power of
Central
Government
to make model
rules.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15
39. (1) The appropriate Government may, by a general or special order published in the
Official Gazette, for reasons to be recorded, and subject to such conditions as it may impose,
exempt any area, category of buildings or class of persons from any provisions of this Act or
from any specified requirement contained in this Act or any rule, order, notification, bye-laws
or scheme made thereunder or dispense with the observance of any such requirement in a
class or classes of cases, for a period not exceeding six months at a time.
(2) Every general or special order made under this section shall be laid, as soon as may
be after it is made, before each House of Parliament or each House of State Legislature, where
there are two Houses and where there is one House of State Legislature, before that House.
————
P.K. MALHOTRA,
Secy. to the Govt. of India.
Power to
exempt.
PRINTED BY DIRECTORATE OF PRINTING AT GOVERNMENT OF INDIA PRESS, MINTO ROAD,
NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2013.
GMGIPMRND—2806GI(S3)—19-09-2013.



Expert : R.K Nanda

Posted On 03 December 2013 at 10:14

nothing to add more.



Author : P.ESAKKIMUTHU

Posted On 03 December 2013 at 10:51

Thank you Mr.C. P. CHUGH for your kind information. Kindly also guide me as to

2)Whether Govt.of India has formulated /published Model Rules under Sec 37 of the above Act? If so If so the date of notification or a scanned copy of the notification of Model Rules may be furnished
3)Whether any State Governments and particularly Govt of Tamilnadu has notified Rules under Sec 36 of the Act



Expert : Rajendra K Goyal

Posted On 03 December 2013 at 15:02

Academic query. State Fact.



Expert : raj kumar makkad

Posted On 03 December 2013 at 22:25

Rajender G! Information has been sought by author so no need to make comments like 'State Facts'.

GOI has also formulated the rules for the implementation of ibid Act which are also available on google like the Act which has been pasted by Mr. Chugh.


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