PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013
(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.
(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) "
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.
(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 com
(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 ther
(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.
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.
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.
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.
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.
(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.
(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
(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
(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 resi
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.
(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.
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.
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.
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.
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;
(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 7are investigated and prosecuted under the provisions of this Act; and
(e) all provisions
(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
(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.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be cognizable and non-bailable.
(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.
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(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 Caste selected 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;
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.
(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 ScheduledCastes, nominated by the State Government:
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.
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.
(1) The Central Government shall, by notification, constitute a Central Monitoring Committee 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;
(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-me
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.
(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 subs
(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 to 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 the in sub-section (2) of section 31.
(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 sub- section (1).
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.
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.
(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
(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 s
(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.
(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 maybe 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.
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