Section 17 in The Public Records Act, 1993

Title: Power to make rules

Description: (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions 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 period after which public records of permanent nature may be accepted under clause (b) of sub-section (2) of section 3; (b) the manner in which and the conditions subject to which public records can be destroyed under clause (d) of sub-section (1) of section 6; (c) the manner in which periodical review of classified public records for downgrading shall be undertaken under clause (f) of sub-section (1) of section 6; (d) the manner in which the records officer will report to the Director General or the head of the Archives under clause (k) of sub section (1) of section 6; (e) the manner in which and the conditions subject to which public records may be destroyed or disposed of under sub-section (1) of section 8; (f) the manner in which and the conditions subject to which records of historical or national importance may be made available to research scholar under sub-section (2) of section 11; (g) exceptions and restrictions subject to which public records may be made available to a research scholar under sub-section (1) of section 12; (h) the manner in which and the conditions subject to which any records creating agency may grant to any person access to public records in its custody under sub-section (2) of section 12; (i) the allowances payable to members of the Board under sub-section (3) of section 13; (j) the matters with respect to which the Board may perform its functions under clause (d) of section 14; (k) any other matter which is required to be, or may be, prescribed.

Title: Laying of rules before Parliament

Description: Every rule made under this Act 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.

Title: Short title, application and commencement

Description: (1) This Act may be called the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. (2) It applies in the first instance to the whole of the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and to all the Union territories and it shall also apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution. (3) It shall come into force in the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and in the Union territories on such date1 as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption. 1. 26th January, 1997, vide notification No. S.O. 58(E), dated 24th January, 1997, see Gazette of India, Extraordinary, Part II, sec. 3(ii). Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the fifth Schedule (w.e.f. 31-10-2019).

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- (a) "area", in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification; (b) "building" means a house, out-house, stable, latrine, urinal, sheet house, hut, wall (other than a boundary wall) or any other structure whether made of masonry, bricks, wood, mud, metal or other material; (c) "dry latrine" means a latrine other than a water-seal latrine; (d) "environment" includes water, air and land and the inter-relationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property; (e) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (f) "environmental pollution" means the presence in the environment of any environmental pollutant; (g) "Executive Authority" means an Executive Authority appointed under sub-section (1) of section 5; (h) "HUDCO" means the Housing and Urban Development Corporation Limited, a Government company registered by that name under the Companies Act, 1956 (1 of 1956); (i) "latrine" means a place set apart for defecation together with the structure comprising such place, the receptacle therein for collection of human excreta and the fittings and apparatus, if any, connected therewith; (j) "manual scavenger" means a person engaged in or employed for manually carrying human excreta and the expression manual scavenging shall be construed accordingly; (k) "notification" means a notification published in the Official Gazette; (l) "prescribed" means prescribed by rules made under this Act; (m) "State Government", in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution; (n) "water-seal latrine" means a pour-flush latrine, water flush latrine or a sanitary latrine with a minimum water-seal of 20 millimetres diameter in which human excreta is pushed in or flushed by water.

Title: Prohibition of employment of manual scavengers, etc

Description: (1) Subject to sub-section (2) and the other provisions of this Act, with effect from such date and in such area as the State Government may, by notification, specify in this behalf, no person shall— (a) engage in or employ for or permit to be engaged in or employed for any other person for manually carrying human excreta; or (b) construct or maintain a dry latrine. (2) The State Government shall not issue a notification under sub-section (1) unless— (i) it has, by notification, given not less than ninety days notice of its intention to do so; (ii) adequate facilities for the use of water-seal latrines in that area exist; and (iii) it is necessary or expedient to do so for the protection and improvement of the environment or public health in that area

The Public Records Act, 1993