Section 1 in The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
Title: Short title, application and commencement
(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).
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
(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
Title: Power to exempt
The State Government may, by a general or special order published in the Official Gazette, and upon such conditions, if any, as it may think fit to 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 or scheme made thereunder or dispense with the observance of any such requirement in a class or classes of cases, if it is satisfied that compliance with such provisions or such requirement is or ought to be exempted or dispensed with in the circumstances of the case.
Title: Appointment of Executive Authorities and their powers and functions
(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.