The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Chapter IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION
Chapter IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION
11. Survey of manual scavengers in urban areas by Municipalities.
- (1) If any Municipality has reason to believe that some persons are engaged oremployed in manual scavenging within its jurisdiction, the Chief Executive Officer of suchMunicipality shall cause a survey to be undertaken to identify such persons.
- (2) The content and methodology of the survey referred to in sub-section (1) shall besuch as may be prescribed, and it shall be completed within a period of two months from itscommencement in the case of Municipal Corporations, and within a period of one month inthe case of other Municipalities.
- (3) The Chief Executive Officer of the Municipality, in whose jurisdiction the survey isundertaken, shall be responsible for accurate and timely completion of the survey.
- (4) After completion of the survey, the Chief Executive Officer shall cause to be drawnup a provisional list of persons found to be working as manual scavengers within thejurisdiction of his Municipality and fulfilling the eligibility conditions as may be prescribed,shall cause such provisional list to be published for general information in such manner, asmay be prescribed, and shall invite objections to the list from the general public.
- (5) Any person having any objection, either to the inclusion or exclusion of any namein the provisional list published in pursuance of sub-section (4), shall, within a period offifteen days from such publication, file an objection, in such form as the Municipality maynotify, to the Chief Executive Officer.
- (6) All objections received in pursuance of sub-section (5), shall be enquired into, andthereafter a final list of persons found to be working as manual scavengers within the locallimits of the municipality, shall be published by it in such manner, as may be prescribed.
- (7) As soon as the final list of manual scavengers, referred to in sub-section (6) ispublished, the persons included in the said list shall, subject to the provisions ofsub-section (2) of section 6, stand discharged from any obligation to work as manual scavengers.
Chapter IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION
12. Application by an urban manual scavenger for identification.
- (1) Any person working as a manual scavenger in an urban area, may, either duringthe survey undertaken by the Municipality in pursuance of section 11, within whosejurisdiction he works, or at any time thereafter, apply, in such manner, as may be prescribed,to the Chief Executive Officer of the Municipality, or to any other officer authorised by him inthis behalf, for being identified as a manual scavenger.
- (2) On receipt of an application under sub-section (1), the Chief Executive Officer shallcause it to be enquired into, either as part of the survey undertaken under section 11, or,when no such survey is in progress, within fifteen days of receipt of such application, toascertain whether the applicant is a manual scavenger.
- (3) If an application is received under sub-section (1) when a survey under section 11is not in progress, and is found to be true after enquiry in accordance with sub-section (2),action shall be taken to add the name of such a person to the final list published undersub-section (6) of section 11, and the consequences mentioned in sub-section (7) thereofshall follow
Chapter IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION
13. Rehabilitation of persons identified as manual scavengers by a Municipality.
- (1) Any person included in the final list of manual scavengers published in pursuanceof sub-section (6) of section 11 or added thereto in pursuance of sub-section (3) of section 12,shall be rehabilitated in the following manner, namely:—
- (a) he shall be given, within one month,—
- (i) a photo identity card, containing, inter alia, details of all members ofhis family dependent on him, and
- (ii) such initial, one time, cash assistance, as may be prescribed;
- (b) his children shall be entitled to scholarship as per the relevant scheme of theCentral Government or the State Government or the local authorities, as the case may be;
- (c) he shall be allotted a residential plot and financial assistance for houseconstruction, or a readybuilt house, with financial assistance, subject to eligibilityand willingness of the manual scavenger, and the provisions of the relevant scheme ofthe Central Government or the State Government or the concerned local authority;
- (d) he, or at least one adult member of his family, shall be given, subject toeligibility and willingness, training in a livelihood skill, and shall be paid a monthlystipend of not less than three thousand rupees, during the period of such training;
- (e) he, or at least one adult member of his family, shall be given, subject toeligibility and willingness, subsidy and concessional loan for taking up an alternativeoccupation on a sustainable basis, in such manner as may be stipulated in the relevantscheme of the Central Government or the State Government or the concerned localauthority;
- (f) he shall be provided such other legal and programmatic assistance, as theCentral Government or State Government may notify in this behalf.
- (a) he shall be given, within one month,—
- (2) The District Magistrate of the district concerned shall be responsible forrehabilitation of each manual scavenger in accordance with the provisions of sub-section (1)and the State Government or the District Magistrate concerned may, in addition, assignresponsibilities in his behalf to officers subordinate to the District Magistrate and to officersof the concerned Municipality.
Chapter IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION
14. Survey of manual scavengers in rural areas by Panchayats.
If any Panchayat has reason to believe that some persons are engaged in manualscavenging within its jurisdiction, the Chief Executive Officer of suchPanchayat shall causea survey of such manual scavengers to be undertaken, mutatis mutandis, in accordance withthe provisions of section 11 and section 12, to identify such person.
Chapter IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION
15. Application by a rural manual scavenger for identification.
- (1) Any person working as a manual scavenger, in a rural area, may, either duringthe survey undertaken by the Panchayat within whose jurisdiction he works, in pursuance ofsection 14 or at any time thereafter, apply, in such manner, as may be prescribed, to the ChiefExecutive Officer of the concerned Panchayat, or to any other officer authorised by him inthis behalf, for being identified as a manual scavenger.
- (2) On receipt of an application under sub-section (1), the Chief Executive Officer shallcause it to be enquired into, either as part of the survey undertaken under section 14 or whenno such survey is in progress, within fifteen days of receipt of such application, so as toascertain whether the applicant is a manual scavenger.
Chapter IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION
16. Rehabilitation of persons identified as manual scavengers by a Panchayat.
Any person included in the final list of manual scavengers, published in pursuanceof section 14 or added thereto in pursuance of sub-section (2) of section 15 shall berehabilitated, mutatis mutandis, in the manner laid down for urban manual scavengers insection 13.
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