Vidhi Codex

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

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

Labour201339 sections8 chapters

This landmark legislation extends to the whole of India, applying strictly to all individuals, local authorities, and agencies. It regulates sanitation and labor by prohibiting the construction of insanitary latrines, the employment of manual scavengers, and any hazardous cleaning of underground sewers or septic tanks without safety gear. This Act matters profoundly because it seeks to correct historical injustices, eliminate social exploitation, and restore individual dignity. To achieve this, it mandates the identification and rehabilitation of scavengers by providing immediate cash assistance, housing support, children's education scholarships, and sustainable livelihood skill training so they can transition to a life of dignity.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.
  3. 3Act to have overriding effect.

Chapter II IDENTIFICATION OF INSANITARY LATRINES →

  1. 4Local authorities to survey insanitary latrines and provide sanitary community latrines.

Chapter III PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT AS MANUAL SCAVENGER →

  1. 5Prohibition of insanitary latrines and employment and engagement of manual scavenger.
  2. 6Contract, agreement, etc., to be void.
  3. 7Prohibition of persons from engagement or employment for hazardous cleaning of sewers and septic tanks.
  4. 8Penalty for contravention of section 5 or section 6.
  5. 9Penalty for contravention of section 7.
  6. 10Limitation of prosecution.

Chapter IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION →

  1. 11Survey of manual scavengers in urban areas by Municipalities.
  2. 12Application by an urban manual scavenger for identification.
  3. 13Rehabilitation of persons identified as manual scavengers by a Municipality.
  4. 14Survey of manual scavengers in rural areas by Panchayats.
  5. 15Application by a rural manual scavenger for identification.
  6. 16Rehabilitation of persons identified as manual scavengers by a Panchayat.

Chapter V IMPLEMENTING AUTHORITIES →

  1. 17Responsibility of local authorities to ensure elimination of insanitary latrines.
  2. 18Authorities who may be specified for implementing provisions of this Act.
  3. 19Duty of District Magistrate and authorised officers.
  4. 20Appointment of inspectors and their powers.

Chapter VI PROCEDURE FOR TRIAL →

  1. 21Offences to be tried by Executive Magistrate.
  2. 22Offence to be cognizable and non-bailable.
  3. 23Offences by companies.

Chapter VII VIGILANCE COMMITTEES →

  1. 24Vigilance Committees.
  2. 25Functions of Vigilance Committee.
  3. 26State Monitoring Committee.
  4. 27Functions of the State Monitoring Committee.
  5. 28Duty of States or Union territories to send periodic reports to the Central Government.
  6. 29Central Monitoring Committee.
  7. 30Functions of the Central Monitoring Committee.
  8. 31Functions of National Commission for Safai Karamcharis.
  9. 32Power of State Government to designate an appropriate authority to monitor the implementation of this Act.

Chapter VIII MISCELLANEOUS →

  1. 33Duty of local authorities and other agencies to use modern technology for cleaning of sewers, etc.
  2. 34Protection of action taken in good faith.
  3. 35Jurisdiction of civil courts barred.
  4. 36Power of appropriate Government to make rules.
  5. 37Power of Central Government to make model rules.
  6. 38Power to remove difficulties.
  7. 39Power to exempt.

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