THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 1993
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THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 1993
Title : THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 1993
Year : 1993
(1) The State Government may, by order published in the Official Gazette, appoint a District Magistrate or a Sub-Divisional Magistrate, as an Executive Authority to exercise jurisdiction within such area as may be specified in the order and confer such powers and impose such duties on him, as may be necessary to ensure that the provisions of this Act are properly carried out and the Executive Authority may specify the officer or officers, subordinate to him, 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.
(2) The Executive Authority appointed under sub-section (1) and the officer or officers specified under that sub-section shall, as far as practicable, try to rehabilitate and promote the welfare of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under sub-section (1) of section 3 has been issued by securing and protecting their economic interests.
(1) The State Government may, by notification, make one or more schemes for regulating conversion of dry latrines into, or construction and maintenance of, water-seal latrines, rehabilitation of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under sub-section (1) of section 3 has been issued in gainful employment and administration of such schemes and different schemes may be made in relation to different areas and for different purposes of this Act:
Provided that no such scheme as involving financial assistance from the HUDCO shall be made without consulting it.
(2) In particular, and without prejudice to the generality of the foregoing power, such schemes may provide for all or any of the following matters, namely:-
(a) Time-bound phased programme for the conversion of dry latrines into water-seal latrines;
(b) Provision of technical or financial assistance for new or alternate low cost sanitation to local bodies or other agencies;
(c )Construction and maintenance of community latrines and regulation of their use on pay and use basis;
(d) Construction and maintenance of shared latrines in slum areas or for the benefit of specially and economically backward classes of citizens;
(e) Registration of manual scavengers and their rehabilitation;
(f) Specification and standards of water-seal latrines;
(g) Procedure for conversion of dry latrines into water-seal latrines; Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition)
(h) Licensing for collection of fees in respect of community latrines or shared latrines.
Notwithstanding anything contained in any; other law but subject to the other provisions of this Act, the State Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer local or other authority and such persons, officer or a local or other authority shall be bound to comply with such directions. Power of State Government to issue directions.
All Executive Authorities, all officers and other employees of such authorities including the officers authorised under sub-section (1) of section 5, all inspectors appointed under sub-section (1) of section 9 and all officers and other employees authorised to execute a scheme or order made under this Act, when acting or purporting to act in pursuance of any provisions of this Act or the rules or schemes made or orders or directions issued thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code Executive Authorities, inspectors, officers and other employees of such authorities to be public servants.
(1) The State Government may, by notification, appoint such persons as it may think 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, Appointment of inspectors and their powers of entry and inspection.
(2) Every inspector within the local limits of jurisdiction of an Executive Authority shall be subordinate to such authority.
(3) Subject to any rules made in this behalf by the State Government, an inspector may, within the local limits of his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any place for the purpose of-
(a) Performing any of the functions of the Executive Authority entrusted to him;
(b) Determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules, orders or schemes made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with;
(c ) Examining and testing any latrine or for conducting an inspection of any building in which he has reason to believe that an offence under this Act or the rules, orders or schemes made thereunder has binaries being or is about to be committed and to prevent or mitigate environmental pollution.
(1) On receipt of information with respect to the fact or appre -hension of any occurrence of contravention of the provisions of section 3, whether through intimation by some person or on a report of the inspector or otherwise, the Executive Authority shall, as early as practicable, besides taking any other action under this Act, direct the owner or occupier of the premises to take such remedial measures, as may be necessary, within such reasonable time as any be specified therein and in case the owner or occupier, as the case may be, fails to comply with such directions, cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution at the cost of such owner or occupier of the premises.Power of Executive Authority to prevent environmental.pollution in certain cases.
(2) The expenses, if any, incurred by the Executive Authority with respect to the remedial measures referred to in sub-section (1), together with interest at such rate as the State Government may specify from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand.
(1) Notwithstanding anything contained in its Memorandum of Association or Articles of Association or schemes for the grant of loans for housing and urban development, it shall be the duty of HUDCO to extend, in suitable cases, financial assistance for the implementation of such schemes for the construction of water-seal latrines as may be made under section 6.
(2) The financial assistance referred to in sub-section (1) may be extended by HUDCO on such terms and conditions (including on easy and concessional rates of interest) and in such manner as it may think fit in each case or class of cases Power to levy fee.
Any order or scheme which the State Government is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for levy; of fees in respect of-
(a) Community latrines constructed under a scheme on pay and use basis;
(b) Shared latrines constructed under a scheme; or
(c) Supply of copies of documents or orders or extracts thereof; or
(d) Licensing of contractors for construction of water-seal latrines; or
(e) Any other purpose or matter involving rendering of service by any officer, committee or authority under this Act or any rule, direction, order or scheme made there under :
Provided that the State Government may, if it considers necessary so to do, in the public interest, by general or special order published in the Official Gazette, grant exemption on such grounds as it deems fit from the payment of any such fee either in part or in full.
(1) The Central Government may be notification, constitute
(a) One or more Project Committees for appraising of the schemes for the construction of water-seal latrines in the country;
(b) One or more Monitoring Committees to monitor the progress of such schemes;
(c) Such other committees for such purposes of the Act and with such names as the Central Government may deem fit. Constitution of Committees. Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition )
(2) The composition of the committees constituted by the Central Government, the powers and functions thereof, the terms and conditions of appointment of the members of such committees and other matters connected therewith shall be such as the Central Government may prescribe.
(3)The members of the committees under sub-section (1) shall be paid such fees and allowance for attending the meetings as may be prescribed.
(4)The State Government may, by notification, constitute--
(a) One or more State Co-ordination Committees for co-ordination and monitoring of the programmes for the construction of water-seal latrines in the State and rehabilitation of the persons who were engaged nor employed for as manual scavengers in any area in respect of which a notification under sub-section (1) of section 3 has been issued;
(b) Such other committees for such purpose of the Act and with such names as the State Government may deem fit.
(5) The composition of the committees constituted by the State Government the powers and functions thereof, the terms and conditions of the members of such committees and other matters connected therewith shall be such as the State Government may prescribe.
(6) The members of the committees under sub-section (4) shall be paid such fees and allowances for attending the meetings as may be prescribed.
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