Section 21 in The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

Title: Offences to be tried by Executive Magistrate

Description: (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.

Title: Offence to be cognizable and non-bailable.

Description: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),every offence under this Act shall be cognizable and non-bailable.

Title: Offences by companies.

Description: (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,— (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm.

Title: Vigilance Committees.

Description: (1) Every State Government shall, by notification, constitute a Vigilance Committee for each district and each Sub-Division. (2) Each Vigilance Committee constituted for a district shall consist of the following members, namely:— (a) the District Magistrate—Chairperson, ex officio; (b) all members of the State Legislature belonging to the Scheduled Caste selected from the district—members: Provided that if a district has no member of the State Legislature belonging tithe Scheduled Castes, the State Government may nominate such number of other members of the State Legislature from the district, not exceeding two, as it may deem appropriate. (c) the district Superintendent of Police— member, ex officio; (d) the Chief Executive Officer of,— (i) the Panchayat at the district level—member, ex officio; (ii) the Municipality of the district headquarters—member, ex officio; (iii) any other Municipal Corporation constituted in the district—member, ex officio; (iv) Cantonment Board, if any, situated in the district—member, ex officio; (e) one representative be nominated by the railway authority located in the district; (f) not more than four social workers belonging to organisation working for the prohibition of manual scavenging and rehabilitation of manual scavengers, or, representing the scavenger community, resident in the district, to be nominated by the District Magistrate, two of whom shall be women; (g) one person to represent the financial and credit institutions in the district, to be nominated by the District Magistrate; (h) the district-level officer in-charge of the Scheduled Castes Welfare—Member-Secretary, ex officio; (i) district-level officers of Departments and agencies who, in the opinion of the District Magistrate, subject to general orders, if any, of the State Government, have a significant role to play in the implementation of this Act. (3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of the following members, namely:— (a) the Sub-Divisional Magistrate—Chairperson, ex officio; (b) the Chairpersons and the Chief Executive Officers of Panchayats at intermediate level of the Sub-Division, and where Panchayats at intermediate level, do not exist, Chairpersons from two Panchayats at Village level to be nominated by the Sub-Divisional Magistrate—member, ex officio; (c) the Sub-Divisional Officer of Police—member, ex officio (d) Chief Executive Officer of— (i) the Municipality of the Sub-Divisional headquarters—member, ex officio; and (ii) Cantonment Board, if any, situated in the Sub-Division—member, ex officio; (e) one representative to be nominated by the railway authority located in the Sub-Division—member, ex officio; (f) two social workers belonging to the organisation working for the prohibition of manual scavenging and rehabilitation of the manual scavengers, or representing the scavenger community resident in the Sub-Division, to be nominated by the District Magistrate, one of whom shall be a woman; (g) one person to represent the financial and credit institutions in the Sub-Division, to be nominated by the Sub-Divisional Magistrate; (h) the Sub-Divisional level officer in-charge of Scheduled Castes welfare—Member-Secretary, ex officio; (i) Sub-Divisional level officers of Department and agencies who in the opinion of the Sub-Divisional Magistrate, subject to any general orders of the State Government or the District Magistrate, have a significant role to play in the implementation of this Act member, ex officio. (4) Each Vigilance Committee constituted at district and Sub-Divisional level shall meet at least once in every three months. (5) No proceeding of a Vigilance Committees shall be invalid merely by reason of any defect in its constitution.

Title: Functions of Vigilance Committee.

Description: The functions of Vigilance Committee shall be— (a) to advise the District Magistrate or, as the case may be, the Sub-Divisional Magistrate, on the action which needs to be taken, to ensure that the provisions of this Act or of any rule made thereunder are properly implemented; (b) to oversee the economic and social rehabilitation of manual scavengers; (c) to co-ordinate the functions of all concerned agencies with a view to channelise adequate credit for the rehabilitation of manual scavengers; (d) to monitor the registration of offences under this Act and their investigation and prosecution