Section 1 in The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Title: Short title, extent and commencement.
(1) This Act may be called the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
(2) It extends to the whole of India 1***.
(3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint:
Provided that the date so notified shall not be earlier than sixty days after the date of publication of 2[the said notification] in the Official Gazette
1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
2. 6th December, 2013, vide notification No. S.O. 2989(E), dated 1st October, 2013, see Gazette of India, Extraordinary, Part II, Sec. 3(ii).
3. Subs. by Act 17 of 2015, s.3 and the Second Schedule, for "the notification" (w.e.f. 13-5-2015).
(1) In this Act, unless the context otherwise requires,—
(a) "agency" means any agency, other than a local authority, which may undertake sanitation facilities in an area and includes a contractor or a firm or a company which engages in development and maintenance of real estate;
(b) "appropriate government", in relation to Cantonment Boards, railway lands, and lands and buildings owned by the Central Government, a Central Public Sector Undertaking or an autonomous body wholly or substantially funded by the Central Government, means the Central Government and in all other cases, the State Government;
(c) "Chief Executive Officer", in relation to a Municipality or Panchayat, means, its senior-most executive officer, by whatever name called;
(d) "hazardous cleaning" by an employee, in relation to a sewer or septic tank, means its manual cleaning by such employee without the employer fulfilling his obligations to provide protective gear and other cleaning devices and ensuring observance of safety precautions, as may be prescribed or provided in any other law, for the time being in force or rules made thereunder;
(e) "insanitary latrine" means a latrine which requires human excreta to be cleaned or otherwise handled manually, either in situ, or in an open drain or pit into which the excreta is discharged or flushed out, before the excreta fully decomposes in such manner as may be prescribed:
Provided that a water flush latrine in a railway passenger coach, when cleaned by an employee with the help of such devices and using such protective gear, as the Central Government may notify in this behalf, shall not be deemed to be an insanitary latrine.
(f) "local authority" means,—
(i) a Municipality or a Panchayat, as defined in clause (e) and clause (f) of article 243P of the Constitution, which is responsible for sanitation in its area of jurisdiction;
(ii) a Cantonment Board constituted under section 10 of the Cantonments Act, 2006 (41 of 2006); and
(iii) a railway authority;
(g) "manual scavenger" means a person engaged or employed, at the commencement of this Act or at any time thereafter, by an individual or a local authority or an agency or a contractor, for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain or pit to which the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the Central Government or a State Government may notify, before the excreta fully decomposes in such manner as may be prescribed, and the expression manual scavenging shall be construed accordingly.
Explanation.—For the purpose of this clause,—
(a) "engaged or employed" means being engaged or employed on a regular or contract basis;
(b) a person engaged or employed to clean excreta with the help of such devices and using such protective gear, as the Central Government may notify in this behalf, shall not be deemed to be a 'manual scavenger';
(h) "National Commission for Safai Karmacharis" means the National Commission for Safai Karamcharis constituted under section 3 of the National Commission for Safai Karmacharis Act, 1993(64 of 1993) and continued by Resolution of the Government of India in the Ministry of Social Justice and Empowerment vide No.17015/18/2003-SCD-VI, dated24th February, 2004 and as amended from time to time;
(i) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly;
(j) “occupier”, in relation to the premises where an insanitary latrine exists, or someone is employed as a manual scavenger, means the person who, for the time being, is in occupation of such premises;
(k) “owner”, in relation to the premises where an insanitary latrine exists or someone is employed as a manual scavenger, means, the person who, for the time being has legal title to such premises;
(l) “prescribed” means prescribed by the rules made under this Act;
(m) “railway authority” means an authority administering railway land, as maybe notified by the Central Government in this behalf;
(n) “railway land” shall have the meaning assigned to it in clause (32A) of section 2 of the Railways Act, 1989 (24 of 1989);
o) “sanitary latrine” means a latrine which is not an „insanitary latrine‟;
(p) “septic tank” means a water-tight settling tank or chamber, normally located underground, which is used to receive and hold human excreta, allowing it to decompose through bacterial activity;
(q) “sewer” means an underground conduit or pipe for carrying off human excreta, besides other waste matter and drainage wastes;
(r) “State Government”, in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution;
(s) “survey” means a survey of manual scavengers undertaken in pursuance of section 11 or section 14.
(2) Words and expressions used and not defined in this Act, but defined in the Cantonments Act, 2006 (41 of 2006), shall have the same meanings respectively assigned to them in that Act.
(3) The reference to a Municipality under Chapters IV to VIII of this Act shall include a reference to, as the case may be, the Cantonment Board or the railway authority, in respect of areas included within the jurisdiction of the Cantonment Board and the railway land, respectively.
Title: Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent there with contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 ( 46 of 1993) or in any other law, or in any instrument having effect by virtue of any other law.
Title: Local authorities to survey insanitary latrines and provide sanitary community latrines.
(1) Every local authority shall,—
(a) carry out a survey of insanitary latrines existing within its jurisdiction, and publish a list of such insanitary latrines, in such manner as may be prescribed, within a period of two months from the date of commencement of this Act;
(b) give a notice to the occupier, within fifteen days from the date of publication of the list under clause (a), to either demolish the insanitary latrine or convert it into a sanitary latrine, within a period of six months from the date of commencement of this Act:
Provided that the local authority may for sufficient reasons to be recorded in writing extend the said period not exceeding three months;
(c) construct, within a period not exceeding nine months from the date of commencement of this Act, such number of sanitary community latrines as it considers necessary, in the areas where insanitary latrines have been found.
(2) Without prejudice to the provisions contained in sub-section (1), Municipalities, Cantonment Boards and railway authorities shall also construct adequate number of sanitary community latrines, within such period not exceeding three years from the date of commencement of this Act, as the appropriate Government may, by notification, specify, so as to eliminate the practice of open defecation in their jurisdiction.
(3) It shall be the responsibility of local authorities to construct community sanitary latrines as specified in sub-sections (1) and (2), and also to make arrangements for their hygienic upkeep at all times.
Explanation.—For the purposes of this section, “community” in relation to railway authorities means passengers, staff and other authorised users of railways.
Title: Prohibition of insanitary latrines and employment and engagement of manual scavenger.
(1) Notwithstanding anything inconsistent therewith contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993), no person, local authority or any agency shall, after the date of commencement of this Act,—
(a) construct an insanitary latrine; or
(b) engage or employ, either directly or indirectly, a manual scavenger, and every person so engaged or employed shall stand discharged immediately from any obligation, express or implied, to do manual scavenging.
(2) Every insanitary latrine existing on the date of commencement of this Act, shall either be demolished or be converted into a sanitary latrine, by the occupier at his own cost, before the expiry of the period so specified in clause (b) of sub-section (1) of section 4:
Provided that where there are several occupiers in relation to an insanitary latrine, the liability to demolish or convert it shall lie with,—
(a) the owner of the premises, in case one of the occupiers happens to be the owner; and
(b) all the occupiers, jointly and severally, in all other cases:
Provided that the State Government may give assistance for conversion of insanitary latrines into sanitary latrines to occupiers from such categories of persons and on such scale, as it may, by notification, specify:
Provided further that non-receipt of State assistance shall not be a valid ground to maintain or use an insanitary latrine, beyond the said period of nine months.
(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitary latrine within the period specified in sub-section (2), the local authority having jurisdiction over the area in which such insanitary latrine is situated, shall, after giving notice of not less than twenty one days to the occupier, either convert such latrine into a sanitary latrine, or demolish such insanitary latrine, and shall be entitled to recover the cost of such conversion or, as the case may be, of demolition, from such occupier in such manner as may be prescribed.