Section 2 in The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Description: (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.