Maharashtra act 025 of 2013 : The prohibition of employment as manual scavengers and their rehabilitation act, 2013

CHAPTER I

PRELIMINARY

CHAPTER II

IDENTIFICATION OF INSANITARY LATRINES

CHAPTER III

PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT AS MANUAL SCAVENGER

CHAPTER IV

IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION

CHAPTER V

IMPLEMENTING AUTHORITIES

CHAPTER VI

PROCEDURE FOR TRIAL

CHAPTER VII

VIGILANCE COMMITTEES

CHAPTER VIII

MISCELLANEOUS

Section 1. Short title, extent and commencement.

(1) This Act may be called the Prohibition of Employment as Manual Scavengersand their Rehabilitation Act, 2013.

(2) It extends to the whole of India ¹***.

(3) It shall come into force on such date³ as the Central Government may, by notificationin the Official Gazette, appoint:

Provided that the date so notified shall not be earlier than sixty days after the date ofpublication of ²[the said notification] in the Official Gazette

1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).

2. 6th December, 2013, vide notification No.S.O. 2989(E), dated 1st October, 2013, see Gazette of India, Extraordinary, Part II, Sec. 3(ii).

3. Subs. by Act 17 of 2015, s.3 and the Second Schedule, for "the notification" (w.e.f. 13-5-2015).

Notifications

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
01-01-1993	Gazettee of India, Extraordinary, 1955, Part II, Section 3, page 971
01-10-2013	NOTIFICATION S.O.2989(E)
13-01-2014	NOTIFICATION S.O.89(E)
28-02-2014	NOTIFICATION S.O.605(E)
07-08-2014	NOTIFICATION S.O.2008(E)
16-02-2017	NOTIFICATION S.O476(E)
02-05-2017	NOTIFICATION S.O.1389(E)
01-03-2018	NOTIFICATION S.O.888(E)

Section 2. Definitions.

(1) In this Act, unless the context otherwise requires,—

(a) "agency" means any agency, other than a local authority, which mayundertake sanitation facilities in an area and includes a contractor or a firm or a companywhich 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 SectorUndertaking or an autonomous body wholly or substantially funded by the CentralGovernment, means the Central Government and in all other cases, the StateGovernment;

(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 hisobligations to provide protective gear and other cleaning devices and ensuringobservance 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 cleanedor otherwise handled manually, either in situ, or in an open drain or pit into which theexcreta is discharged or flushed out, before the excreta fully decomposes in suchmanner as may be prescribed:

Provided that a water flush latrine in a railway passenger coach, when cleanedby an employee with the help of such devices and using such protective gear, as theCentral 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) ofarticle 243P of the Constitution, which is responsible for sanitation in its area ofjurisdiction;

(ii) a Cantonment Board constituted under section 10 of the CantonmentsAct, 2006 (41 of 2006); and

(iii) a railway authority;

(g) "manual scavenger" means a person engaged or employed, at thecommencement of this Act or at any time thereafter, by an individual or a local authorityor an agency or a contractor, for manually cleaning, carrying, disposing of, or otherwisehandling in any manner, human excreta in an insanitary latrine or in an open drain or pitinto which the human excreta from the insanitary latrines is disposed of, or on arailway track or in such other spaces or premises, as the Central Government or a StateGovernment may notify, before the excreta fully decomposes in such manner as may beprescribed, 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 regularor contract basis;

(b) a person engaged or employed to clean excreta with the help of suchdevices and using such protective gear, as the Central Government may notifyin this behalf, shall not be deemed to be a 'manual scavenger';

(h) "National Commission for Safai Karmacharis" means the National Commissionfor Safai Karamcharis constituted under section 3 of the National Commission for SafaiKarmacharis Act, 1993(64 of 1993) and continued by Resolution of the Government of India in theMinistry of Social Justice and Empowerment vide No.17015/18/2003-SCD-VI, dated24th February, 2004 and as amended from time to time;

(i) “notification” means a notification published in the Official Gazette and theexpression “notify” shall be construed accordingly;

(j) “occupier”, in relation to the premises where an insanitary latrine exists, orsomeone is employed as a manual scavenger, means the person who, for the timebeing, is in occupation of such premises;

(k) “owner”, in relation to the premises where an insanitary latrine exists orsomeone is employed as a manual scavenger, means, the person who, for the timebeing 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 maybe notified by the Central Government in this behalf;

(n) “railway land” shall have the meaning assigned to it in clause (32A) ofsection 2 of the Railways Act, 1989 (24 of 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 locatedunderground, which is used to receive and hold human excreta, allowing it to decomposethrough 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 Administratorthereof appointed under article 239 of the Constitution;

(s) “survey” means a survey of manual scavengers undertaken in pursuance ofsection 11 or section 14.

(2) Words and expressions used and not defined in this Act, but defined in theCantonments Act, 2006 (41 of 2006), shall have the same meanings respectively assigned to them in thatAct.

(3) The reference to a Municipality under Chapters IV to VIII of this Act shall includea reference to, as the case may be, the Cantonment Board or the railway authority, in respectof areas included within the jurisdiction of the Cantonment Board and the railway land,respectively.

Section 3. Act to have overriding effect.

The provisions of this Act shall have effect notwithstanding anything inconsistenttherewith contained in the Employment of Manual Scavengers and Construction of DryLatrines (Prohibition) Act, 1993 ( 46 of 1993) or in any other law, or in any instrument having effect byvirtue of any other law.

Section 4. Local authorities to survey insanitary latrines and provide sanitary community latrines.

(1) Every local authority shall,—

(a) carry out a survey of insanitary latrines existing within its jurisdiction, andpublish a list of such insanitary latrines, in such manner as may be prescribed, withina 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 publicationof the list under clause (a), to either demolish the insanitary latrine or convert it into asanitary latrine, within a period of six months from the date of commencement of thisAct:

Provided that the local authority may for sufficient reasons to be recorded inwriting extend the said period not exceeding three months;

(c) construct, within a period not exceeding nine months from the date ofcommencement of this Act, such number of sanitary community latrines as it considersnecessary, 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 sanitarycommunity latrines, within such period not exceeding three years from the date ofcommencement of this Act, as the appropriate Government may, by notification, specify, soas to eliminate the practice of open defecation in their jurisdiction.

(3) It shall be the responsibility of local authorities to construct community sanitarylatrines as specified in sub-sections (1) and (2), and also to make arrangements for theirhygienic upkeep at all times.

Explanation.—For the purposes of this section, “community” in relation to railwayauthorities means passengers, staff and other authorised users of railways.

Section 5. Prohibition of insanitary latrines and employment and engagement of manual scavenger.

(1) Notwithstanding anything inconsistent therewith contained in the Employmentof Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 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 everyperson 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, shalleither 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, theliability to demolish or convert it shall lie with,—

(a) the owner of the premises, in case one of the occupiers happens to be theowner; and

(b) all the occupiers, jointly and severally, in all other cases:

Provided that the State Government may give assistance for conversion of insanitarylatrines into sanitary latrines to occupiers from such categories of persons and on suchscale, as it may, by notification, specify:

Provided further that non-receipt of State assistance shall not be a valid ground tomaintain 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 sanitarylatrine within the period specified in sub-section (2), the local authority having jurisdictionover the area in which such insanitary latrine is situated, shall, after giving notice of not lessthan twenty one days to the occupier, either convert such latrine into a sanitary latrine, ordemolish such insanitary latrine, and shall be entitled to recover the cost of such conversionor, as the case may be, of demolition, from such occupier in such manner as may be prescribed.

Section 6. Contract, agreement, etc., to be void.

(1) Any contract, agreement or other instrument entered into or executed before thedate of commencement of this Act, engaging or employing a person for the purpose ofmanual scavenging shall, on the date of commencement of this Act, be terminated and suchcontract, agreement or other instrument shall be void and inoperative and no compensationshall be payable therefor.

(2) Notwithstanding anything contained in sub-section (1), no person employed orengaged as a manual scavenger on a full-time basis shall be retrenched by his employer, butshall be retained, subject to his willingness, in employment on at least the same emoluments,and shall be assigned work other than manual scavenging.

Section 7. Prohibition of persons from engagement or employment for hazardous cleaning of sewers and septic tanks.

No person, local authority or any agency shall, from such date as the StateGovernment may notify, which shall not be later than one year from the date of commencementof this Act, engage or employ, either directly or indirectly, any person for hazardous cleaningof a sewer or a septic tank.

Section 8. Penalty for contravention of section 5 or section 6.

Whoever contravenes the provisions of section 5 or section 6 shall for the firstcontravention be punishable with imprisonment for a term which may extend to one year orwith fine which may extend to fifty thousand rupees or with both, and for anysubsequentcontravention with imprisonment which may extend to two years or with fine which mayextend to one lakh rupees, or with both.

Section 9. Penalty for contravention of section 7.

Whoever contravenes the provisions of section 7 shall for the first contravention bepunishable with imprisonment for a term which may extend to two years or with fine whichmay extend to two lakh rupees or with both, and for any subsequent contravention withimprisonment which may extend to five years or with fine which may extend to five lakhrupees, or with both.

Section 10. Limitation of prosecution.

No court shall take cognizance of any offence punishable under this Actexceptupon a complaint thereof is made by a person in this behalf within three months from the dateof the occurrence of the alleged commission of the offence.

Section 11. Survey of manual scavengers in urban areas by Municipalities.

(1) If any Municipality has reason to believe that some persons are engaged oremployed in manual scavenging within its jurisdiction, the Chief Executive Officer of suchMunicipality 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 besuch as may be prescribed, and it shall be completed within a period of two months from itscommencement in the case of Municipal Corporations, and within a period of one month inthe case of other Municipalities.

(3) The Chief Executive Officer of the Municipality, in whose jurisdiction the survey isundertaken, 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 drawnup a provisional list of persons found to be working as manual scavengers within thejurisdiction 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, asmay 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 namein the provisional list published in pursuance of sub-section (4), shall, within a period offifteen days from such publication, file an objection, in such form as the Municipality maynotify, to the Chief Executive Officer.

(6) All objections received in pursuance of sub-section (5), shall be enquired into, andthereafter a final list of persons found to be working as manual scavengers within the locallimits 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) ispublished, the persons included in the said list shall, subject to the provisions ofsub-section (2) of section 6, stand discharged from any obligation to work as manual scavengers.

Section 12. Application by an urban manual scavenger for identification.

(1) Any person working as a manual scavenger in an urban area, may, either duringthe survey undertaken by the Municipality in pursuance of section 11, within whosejurisdiction 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 inthis behalf, for being identified as a manual scavenger.

(2) On receipt of an application under sub-section (1), the Chief Executive Officer shallcause 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, toascertain whether the applicant is a manual scavenger.

(3) If an application is received under sub-section (1) when a survey under section 11is 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 undersub-section (6) of section 11, and the consequences mentioned in sub-section (7) thereofshall follow

Section 13. Rehabilitation of persons identified as manual scavengers by a Municipality.

(1) Any person included in the final list of manual scavengers published in pursuanceof 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 ofhis 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 theCentral 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 houseconstruction, or a readybuilt house, with financial assistance, subject to eligibilityand willingness of the manual scavenger, and the provisions of the relevant scheme ofthe 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 toeligibility and willingness, training in a livelihood skill, and shall be paid a monthlystipend 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 toeligibility and willingness, subsidy and concessional loan for taking up an alternativeoccupation on a sustainable basis, in such manner as may be stipulated in the relevantscheme of the Central Government or the State Government or the concerned localauthority;

(f) he shall be provided such other legal and programmatic assistance, as theCentral Government or State Government may notify in this behalf.

(2) The District Magistrate of the district concerned shall be responsible forrehabilitation 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, assignresponsibilities in his behalf to officers subordinate to the District Magistrate and to officersof the concerned Municipality.

Section 14. Survey of manual scavengers in rural areas by Panchayats.

If any Panchayat has reason to believe that some persons are engaged in manualscavenging within its jurisdiction, the Chief Executive Officer of suchPanchayat shall causea survey of such manual scavengers to be undertaken, mutatis mutandis, in accordance withthe provisions of section 11 and section 12, to identify such person.

Section 15. Application by a rural manual scavenger for identification.

(1) Any person working as a manual scavenger, in a rural area, may, either duringthe survey undertaken by the Panchayat within whose jurisdiction he works, in pursuance ofsection 14 or at any time thereafter, apply, in such manner, as may be prescribed, to the ChiefExecutive Officer of the concerned Panchayat, or to any other officer authorised by him inthis behalf, for being identified as a manual scavenger.

(2) On receipt of an application under sub-section (1), the Chief Executive Officer shallcause it to be enquired into, either as part of the survey undertaken under section 14 or whenno such survey is in progress, within fifteen days of receipt of such application, so as toascertain whether the applicant is a manual scavenger.

Section 16. Rehabilitation of persons identified as manual scavengers by a Panchayat.

Any person included in the final list of manual scavengers, published in pursuanceof section 14 or added thereto in pursuance of sub-section (2) of section 15 shall berehabilitated, mutatis mutandis, in the manner laid down for urban manual scavengers insection 13.

Section 17. Responsibility of local authorities to ensure elimination of insanitary latrines.

Notwithstanding anything contained in any other law for the time being in force, itshall be the responsibility of every local authority to ensure, through awareness campaignor in such other manner that after the expiry of a period of nine months, from the date ofcommencement 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 occupierunder sub-section (3) of section 5.

Section 18. Authorities who may be specified for implementing provisions of this Act.

The appropriate Government may confer such powers and impose such duties onlocal authority and District Magistrate as may be necessary to ensure that the provisions ofthis 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 allor any of the duties, so conferred or imposed, and the local limits within which such powersor duties shall be carried out by the officer or officers so specified.

Section 19. Duty of District Magistrate and authorised officers.

The District Magistrate and the authority authorised under section 18 or any othersubordinate officers specified by them under that section shall ensure that, after the expiryof such period as specified for the purpose of this Act,—

(a) no person is engaged or employed as manual scavenger within theirjurisdiction;

(b) no one constructs, maintains, uses or makes available for use, an insanitarylatrine;

(c) manual scavengers identified under this Act are rehabilitated in accordancewith section 13, or as the case may be, section 16;

(d) persons contravening the provisions of section 5 or section 6 or section 7are investigated and prosecuted under the provisions of this Act; and

(e) all provisions of this Act applicable within his jurisdiction are duly compliedwith.

Section 20. Appointment of inspectors and their powers.

(1) The appropriate Government may, by notification, appoint such persons as itthinks fit to be inspectors for the purposes of this Act, and define the local limits withinwhich they shall exercise their powers under this Act.

(2) Subject to any rules made in this behalf, an inspector may, within the local limits ofhis 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 aninspection of any premises or place, where he has reason to believe that an offenceunder this Act has been or is being or is about to be committed, and to preventemployment of any person as manual scavenger;

(b) examine any person whom he finds in such premises or place and who, he hasreasonable cause to believe, is employed as a manual scavenger therein, or is otherwisein a position to furnish information about compliance or non-compliance with theprovisions of this Act and the rules made thereunder;

(c) require any person whom he finds on such premises, to give informationwhich is in his power to give, with respect to the names and addresses of personsemployed on such premises as manual scavenger and of the persons or agency orcontractor employing or engaging them;

(d) seize or take copies of such registers, record of wages or notices or portionsthereof as he may consider relevant in respect of an offence under this Act which hehas 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 informationrequired by an inspector under sub-section (2) shall be deemed to be legally bound to do sowithin the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).

(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be,apply to any such search or seizure under sub-section (2) as they apply to such search orseizure made under the authority of a warrant issued under section 94 of the said Code.

Section 21. Offences to be tried by Executive Magistrate.

(1) The State Government may confer, on an Executive Magistrate, the powers of aJudicial Magistrate of the first class for the trial of offences under this Act; and, on suchconferment of powers, the Executive Magistrate, on whom the powers are so conferred, shallbe deemed, for the purposes of the Code of Criminal Procedure, 1973 (2 of 1974), to be a Judicial Magistrateof the first class.

(2) An offence under this Act may be tried summarily.

Section 22. Offence to be cognizable and non-bailable.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),every offence under this Act shall be cognizable and non-bailable.

Section 23. Offences by companies.

(1) Where an offence under this Act has been committed by a company, everyperson 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, shallbe deemed to be guilty of the offence and shall be liable to be proceeded against andpunished accordingly.

(2) Notwithstanding anything contained in sub-section (1), where any offence underthis Act has been committed by a company and it is proved that offence has been committedwith the consent or connivance of, or is attributable to, any neglect on the part of, anydirector, manager, secretary or other officer of the company, such director, manager, secretaryor other officer shall be deemed to be guilty of that offence and shall be liable to be proceededagainst and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “company” means any body corporate and includes a firm or other associationof individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

Section 24. Vigilance Committees.

(1) Every State Government shall, by notification, constitute a Vigilance Committeefor each district and each Sub-Division.

(2) Each Vigilance Committee constituted for a district shall consist of the followingmembers, namely:—

(a) the District Magistrate—Chairperson, ex officio;

(b) all members of the State Legislature belonging to the Scheduled Casteselected from the district—members:

Provided that if a district has no member of the State Legislature belonging tothe Scheduled Castes, the State Government may nominate such number of othermembers of the State Legislature from the district, not exceeding two, as it may deemappropriate.

(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 thedistrict;

(f) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the district, to be nominated by theDistrict Magistrate, two of whom shall be women;

(g) one person to represent the financial and credit institutions in the district, tobe nominated by the District Magistrate;

(h) the district-level officer in-charge of the Scheduled Castes Welfare—Member-Secretary, ex officio;

(i) district-level officers of Departments and agencies who, in the opinion of theDistrict Magistrate, subject to general orders, if any, of the State Government, have asignificant role to play in the implementation of this Act.

(3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of thefollowing members, namely:—

(a) the Sub-Divisional Magistrate—Chairperson, ex officio;

(b) the Chairpersons and the Chief Executive Officers of Panchayats atintermediate level of the Sub-Division, and where Panchayats at intermediate level, donot exist, Chairpersons from two Panchayats at Village level to be nominated by theSub-Divisional Magistrate—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 prohibitionof manual scavenging and rehabilitation of the manual scavengers, or representing thescavenger community resident in the Sub-Division, to be nominated by the DistrictMagistrate, one of whom shall be a woman;

(g) one person to represent the financial and credit institutions in theSub-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 opinionof the Sub-Divisional Magistrate, subject to any general orders of the State Governmentor the District Magistrate, have a significant role to play in the implementation of thisActmember, ex officio.

(4) Each Vigilance Committee constituted at district and Sub-Divisional level shallmeet at least once in every three months.

(5) No proceeding of a Vigilance Committees shall be invalid merely by reason of anydefect in its constitution.

Section 25. Functions of Vigilance Committee.

The functions of Vigilance Committee shall be—

(a) to advise the District Magistrate or, as the case may be, the Sub-DivisionalMagistrate, on the action which needs to be taken, to ensure that the provisions of thisAct 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 investigationand prosecution

Section 26. State Monitoring Committee.

(1) Every State Government shall, by notification, constitute a State MonitoringCommittee, 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 otherDepartment, as the State Government may notify;

(d) representatives of the National Commission for Scheduled Castes, and SafaiKaramcharis— member, ex officio;

(e) not less than two members of the State Legislature belonging to the ScheduledCastes, nominated by the State Government:

Provided that if any State Legislature has no member belonging to theScheduled Castes, the State Government may nominate the members belonging to theScheduled Tribes;

(f) the Director-General of Police— member, ex officio;

(g) Secretaries to the State Government in the Departments of Home, PanchayatiRaj, Urban Local Bodies, and such other Departments, as the State Government may notify;

(h) Chief Executive Officer of at least one Municipal Corporation, Panchayat atthe district-level, Cantonment Board and railway authority as the State Governmentmay notify;

(i) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the State, to be nominated by theState 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 withdevelopment of the Scheduled Castes—Member-Secretary, ex officio;

(l) such other representative of Departments of the State Government and suchother agencies which, in the opinion of the State Government, are concerned with theimplementation of this Act.

(2) The State Monitoring Committee shall meet at least once in every six months andshall observe such rules of procedure in regard to the transaction of business at its meetingsas may be prescribed.

Section 27. Functions of the State Monitoring Committee.

The functions of the State Monitoring Committee shall be—

(a) to monitor and advise the State Government and local authorities for effectiveimplementation of this Act;

(b) to co-ordinate the functions of all concerned agencies;

Section 28. Duty of States or Union territories to send periodic reports to the Central Government.

Every State or Union territory Government and Union territory administration shallsend such periodic reports to the Central Government about progress of implementation ofthis Act, as the Central Government may require.

Section 29. Central Monitoring Committee.

(1) The Central Government shall, by notification, constitute a Central MonitoringCommittee in accordance with the provisions of this section.

(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;

(d) Chairperson, National Commission for Safai Karamcharis—member, ex officio;

(e) the Member of the Planning Commission dealing with development of theScheduled Castes— member, ex officio;

(f) three elected members of Parliament belonging to Scheduled Castes, two fromthe Lok Sabha and one from the Rajya Sabha;

(g) Secretaries of the Ministries of,—

(i) Social Justice and Empowerment, Department of Social Justice andEmpowerment;

(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 theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the country, to be nominated bythe Chairperson, two of whom shall be women;

(l) Joint Secretary, Department of Social Justice and Empowerment in theMinistry of Social Justice and Empowerment, looking after development of ScheduledCastes—Member-Secretary, ex officio;

(m) such other representatives of Central Ministries or Departments and agencieswhich, in the opinion of the Chairperson, are concerned with the implementation ofthis Act.

(3) The Central Monitoring Committee shall meet at least once in every six months.

Notifications

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
13-01-2014	NOTIFICATION S.O.89(E)
28-02-2014	NOTIFICATION S.O.605(E)
07-08-2014	NOTIFICATION S.O.2008(E)
16-02-2017	NOTIFICATION S.O476(E)
02-05-2017	NOTIFICATION S.O.1389(E)
01-03-2018	NOTIFICATION S.O.888(E)

Section 30. Functions of the Central Monitoring Committee.

The functions of the Central Monitoring Committee shall be,—

(a) to monitor and advise the Central Government and State Government foreffective implementation of this Act and related laws and programmes;

(b) to co-ordinate the functions of all concerned agencies;

Section 31. Functions of National Commission for Safai Karamcharis.

(1) The National Commission for Safai Karamcharis shall perform the followingfunctions, namely:—

(a) to monitor the implementation of this Act;

(b) to enquire into complaints regarding contravention of the provisions of thisAct, and to convey its findings to the concerned authorities with recommendationsrequiring further action; and

(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 Commissionshall have the power to call for information with respect to any matter specified in that sub-sectionfrom any Government or local or other authority.

Section 32. Power of State Government to designate an appropriate authority to monitor the implementation of this Act.

(1) The State Government may, by notification, designate a State Commission forSafai Karamcharis or a State Commission for the Scheduled Castes or such other statutory orother authority, as it deems fit, to perform, within the State, mutatis mutandis, the functionsspecified 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 specifiedin sub-section (2) of section 31.

Section 33. Duty of local authorities and other agencies to use modern technology for cleaning of sewers, etc.

(1) It shall be the duty of every local authority and other agency to use appropriatetechnological appliances for cleaning of sewers, septic tanks and other spaces within theircontrol with a view to eliminating the need for the manual handling of excreta in the processof their cleaning.

(2) It shall be the duty of the appropriate Government to promote, through financialassistance, incentives and otherwise, the use of modern technology, as mentioned in sub-section(1).

Section 34. Protection of action taken in good faith.

No suit, prosecution or other legal proceeding shall lie against an appropriateGovernment or any officer of the appropriate Government or any member of the Committeefor anything which is in good faith done or intended to be done under this Act.

Section 35. Jurisdiction of civil courts barred.

No civil court shall have jurisdiction in respect of any matter to which any provisionof 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.

Section 36. Power of appropriate Government to make rules.

(1) The appropriate Government shall, by notification, make rules for carrying outthe provisions of this Act, within a period not exceeding three months from the date ofcommencement of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—

(a) the obligation of an employer, under clause (d) of sub-section (1) ofsection 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 listthereof under clause (a) of sub-section (1) of section 4;

(d) procedure of giving notice and recovering cost of demolition of an insanitarylatrine undersubsection (3) of section 5;

(e) content and methodology of the survey under sub-section (2) of section 11;

(f) the eligibility conditions for identification of manual scavengers and publicationof 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 scavengersunder subsection (6) of section 11;

(h) manner of application to be made to the Chief Executive Officer of themunicipality, or to an officer authorised by him in this behalf, under sub-section (1) ofsection 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 section20; 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 maybe after it is made, before each House of Parliament, while it is in session, for a total period of thirtydays which may be comprised in one session or in two or more successive sessions, and if, beforethe 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 ruleshould not be made, the rule shall thereafter have effect only in such modified form or be of noeffect, as the case may be; so, however, that any such modification or annulment shall be withoutprejudice 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 beafter it is made, be laid before each House of State Legislature, where there are two Housesand where there is one House of State Legislature, before that House.

Section 37. Power of Central Government to make model rules.

(1) Notwithstanding anything contained in section 36 of this Act:—

(a) the Central Government shall, by notification, publish model rules for theguidance and use of State Governments; and

(b) in case the State Government fails to notify the rules under section 36 of thisAct within the period of three months specified therein, then the model rules as notifiedby 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, assoon as may be after they are made, before each House of Parliament while it is in session, fora total period of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediately following thesession or the successive sessions aforesaid, both Houses make any modification in therule, the rule shall thereafter have effect only in such modified form; so, however, that anysuch modification shall be without prejudice to the validity of anything previously doneunder that rule.

Section 38. Power to remove difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, the CentralGovernment may, by order published in the Official Gazette, make such provisions, notinconsistent with the provisions of this Act, as may appear to it to be necessary or expedientfor the removal of the difficulty:

Provided that no such order shall be made in relation to a State after the expiration ofthree years from thecommencement of this Act in that State.

(2) Every order made under this section shall, as soon as may be after it is made, be laidbefore each House of Parliament.

Section 39. Power to exempt.

(1) The appropriate Government may, by a general or special order published in theOfficial 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 orfrom any specified requirement contained in this Act or any rule, order, notification, bye-lawsor scheme made thereunder or dispense with the observance of any such requirement in aclass 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 maybe after it is made, before each House of Parliament or each House of State Legislature, wherethere are two Houses and where there is one House of State Legislature, before that House.