Section 17 in The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Title: Responsibility of local authorities to ensure elimination of insanitary latrines.
Notwithstanding anything contained in any other law for the time being in force, it shall be the responsibility of every local authority to ensure, through awareness campaign or in such other manner that after the expiry of a period of nine months, from the date of commencement of this Act,—
(i) no insanitary latrine is constructed, maintained or used within its jurisdiction; and
(ii) in case of contravention of clause (i), action is taken against the occupier under sub-section (3) of section 5.
Title: Authorities who may be specified for implementing provisions of this Act.
The appropriate Government may confer such powers and impose such duties on local authority and District Magistrate as may be necessary to ensure that the provisions of this Act are properly carried out, and a local authority and the District Magistrate may, specify the subordinate officers, 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.
Title: Duty of District Magistrate and authorised officers.
The District Magistrate and the authority authorised under section 18 or any other subordinate officers specified by them under that section shall ensure that, after the expiry of such period as specified for the purpose of this Act,—
(a) no person is engaged or employed as manual scavenger within their jurisdiction;
(b) no one constructs, maintains, uses or makes available for use, an insanitary latrine;
(c) manual scavengers identified under this Act are rehabilitated in accordance with section 13, or as the case may be, section 16;
(d) persons contravening the provisions of section 5 or section 6 or section 7are investigated and prosecuted under the provisions of this Act; and
(e) all provisions of this Act applicable within his jurisdiction are duly complied with.
Title: Appointment of inspectors and their powers.
(1) The appropriate Government may, by notification, appoint such persons as it thinks 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) Subject to any rules made in this behalf, an inspector may, within the local limits of his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any premises or place for the purpose of,—
(a) examining and testing any latrine, open drain or pit or for conducting an inspection of any premises or place, where he has reason to believe that an offence under this Act has been or is being or is about to be committed, and to prevent employment of any person as manual scavenger;
(b) examine any person whom he finds in such premises or place and who, he has reasonable cause to believe, is employed as a manual scavenger therein, or is otherwise in a position to furnish information about compliance or non-compliance with the provisions of this Act and the rules made thereunder;
(c) require any person whom he finds on such premises, to give information which is in his power to give, with respect to the names and addresses of persons employed on such premises as manual scavenger and of the persons or agency or contractor employing or engaging them;
(d) seize or take copies of such registers, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by the principal employer or agency; and
(e) exercise such other powers as may be prescribed.
(3) Any person required to produce any document or thing or to give any information required by an inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any such search or seizure under sub-section (2) as they apply to such search or seizure made under the authority of a warrant issued under section 94 of the said Code.
Title: Offences to be tried by Executive Magistrate
(1) The State Government may confer, on an Executive Magistrate, the powers of a Judicial Magistrate of the first class for the trial of offences under this Act; and, on such conferment of powers, the Executive Magistrate, on whom the powers are so conferred, shall be deemed, for the purposes of the Code of Criminal Procedure, 1973 (2 of 1974), to be a Judicial Magistrate of the first class.
(2) An offence under this Act may be tried summarily.