Section 6 in The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

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.

Title: Power of State Government to issue directions

Description: 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 or local or other authority and such person, officer or a local or other authority shall be bound to comply with such directions.

Title: Executive Authorities, inspectors, officers and other employees of such authorities to be public servants

Description: 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 (45 of 1860).

Title: Appointment of inspectors and their powers of entry and inspection

Description: (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. (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 been or is being or is about to be committed and to prevent or mitigate environmental pollution.

Title: Power of Executive Authority to prevent environmental pollution in certain cases

Description: (1) On receipt of information with respect to the fact or apprehension 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 may 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. (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.

CHAPTER 3 IMPLEMENTING AUTHORITIES AND SCHEMES