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

1. (1) Notwithstanding anything inconsistent therewith contained in the Employmentof Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993), no person,local authority or any agency shall, after the date of commencement of this Act,—
   • (a) construct an insanitary latrine; or
   • (b) engage or employ, either directly or indirectly, a manual scavenger, and everyperson so engaged or employed shall stand discharged immediately from any obligation,express or implied, to do manual scavenging.
2. (2) Every insanitary latrine existing on the date of commencement of this Act, shalleither be demolished or be converted into a sanitary latrine, by the occupier at his own cost,before the expiry of the period so specified in clause (b) of sub-section (1) of section 4: Provided that where there are several occupiers in relation to an insanitary latrine, theliability to demolish or convert it shall lie with,—
   • (a) the owner of the premises, in case one of the occupiers happens to be theowner; and
   • (b) all the occupiers, jointly and severally, in all other cases: Provided that the State Government may give assistance for conversion of insanitarylatrines into sanitary latrines to occupiers from such categories of persons and on suchscale, as it may, by notification, specify: Provided further that non-receipt of State assistance shall not be a valid ground tomaintain or use an insanitary latrine, beyond the said period of nine months.
3. (3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitarylatrine within the period specified in sub-section (2), the local authority having jurisdictionover the area in which such insanitary latrine is situated, shall, after giving notice of not lessthan twenty one days to the occupier, either convert such latrine into a sanitary latrine, ordemolish such insanitary latrine, and shall be entitled to recover the cost of such conversionor, as the case may be, of demolition, from such occupier in such manner as may be prescribed.

1. (1) Any contract, agreement or other instrument entered into or executed before thedate of commencement of this Act, engaging or employing a person for the purpose ofmanual scavenging shall, on the date of commencement of this Act, be terminated and suchcontract, agreement or other instrument shall be void and inoperative and no compensationshall be payable therefor.
2. (2) Notwithstanding anything contained in sub-section (1), no person employed orengaged as a manual scavenger on a full-time basis shall be retrenched by his employer, butshall be retained, subject to his willingness, in employment on at least the same emoluments,and shall be assigned work other than manual scavenging.

No person, local authority or any agency shall, from such date as the StateGovernment may notify, which shall not be later than one year from the date of commencementof this Act, engage or employ, either directly or indirectly, any person for hazardous cleaningof a sewer or a septic tank.

Whoever contravenes the provisions of section 5 or section 6 shall for the firstcontravention be punishable with imprisonment for a term which may extend to one year orwith fine which may extend to fifty thousand rupees or with both, and for anysubsequentcontravention with imprisonment which may extend to two years or with fine which mayextend to one lakh rupees, or with both.

Whoever contravenes the provisions of section 7 shall for the first contravention bepunishable with imprisonment for a term which may extend to two years or with fine whichmay extend to two lakh rupees or with both, and for any subsequent contravention withimprisonment which may extend to five years or with fine which may extend to five lakhrupees, or with both.

No court shall take cognizance of any offence punishable under this Actexceptupon a complaint thereof is made by a person in this behalf within three months from the dateof the occurrence of the alleged commission of the offence.