Section 33 in The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

Title: Duty of local authorities and other agencies to use modern technology for cleaning of sewers, etc.

Description: (1) It shall be the duty of every local authority and other agency to use appropriate technological appliances for cleaning of sewers, septic tanks and other spaces within their control with a view to eliminating the need for the manual handling of excreta in the process of their cleaning. (2) It shall be the duty of the appropriate Government to promote, through financial assistance, incentives and otherwise, the use of modern technology, as mentioned in sub-section(1).

Title: Protection of action taken in good faith.

Description: No suit, prosecution or other legal proceeding shall lie against an appropriate Government or any officer of the appropriate Government or any member of the Committee for anything which is in good faith done or intended to be done under this Act.

Title: Jurisdiction of civil courts barred.

Description: No civil court shall have jurisdiction in respect of any matter to which any provision of this Act applies and no injunction shall be granted by any civil court in respect of anything, which is done or intended to be done, by or under this Act.

Title: Power of appropriate Government to make rules.

Description: (1) The appropriate Government shall, by notification, make rules for carrying out the provisions of this Act, within a period not exceeding three months from the date of commencement of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the obligation of an employer, under clause (d) of sub-section (1) of section 2; (b) the manner in which the excreta fully decomposes under clauses (e) and (g)of sub-section (1) of section 2; (c) the manner of carrying out survey of insanitary latrine and publishing list thereof under clause (a) of sub-section (1) of section 4; (d) procedure of giving notice and recovering cost of demolition of an insanitary latrine under subsection (3) of section 5; (e) content and methodology of the survey under sub-section (2) of section 11; (f) the eligibility conditions for identification of manual scavengers and publication of provisional list of persons found to be working as manual scavengers under sub-section(4) of section 11; (g) publication of final list of persons found to be working as manual scavengers under subsection (6) of section 11; (h) manner of application to be made to the Chief Executive Officer of the municipality, or to an officer authorised by him in this behalf, under sub-section (1) of section 12 or, as the case may be, sub-section (1) of section 15; (i) provision of initial, one time, cash assistance under sub-clause (ii) of clause(a) of sub-section (1) of section 13; (j) such other powers of Inspectors under clause (e) of sub-section (2) of section20; and (k) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act by the Central Government shall be laid, as soon as maybe after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) Every rule made under this Act by the State Government shall, as soon as may be after it is made, be laid before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House.

Title: Power of Central Government to make model rules

Description: (1) Notwithstanding anything contained in section 36 of this Act:— (a) the Central Government shall, by notification, publish model rules for the guidance and use of State Governments; and (b) in case the State Government fails to notify the rules under section 36 of this Act within the period of three months specified therein, then the model rules as notified by the Central Government shall be deemed to have come into effect, mutatis mutandis, in such State, till such time as the State Government notifies its rules. (2) The model rules made by the Central Government under this Act shall be laid, as soon as may be after they are made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses make any modification in the rule, the rule shall thereafter have effect only in such modified form; so, however, that any such modification shall be without prejudice to the validity of anything previously done under that rule.