Section 2 in The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

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

Title: Power to exempt

Description: 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

Description: (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.

Title: Power of State Government to make schemes

Description: (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 socially 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; (h) licensing for collection of fees in respect of community latrines or shared latrines.