Chapter V IMPLEMENTING AUTHORITIES

Notwithstanding anything contained in any other law for the time being in force, itshall be the responsibility of every local authority to ensure, through awareness campaignor in such other manner that after the expiry of a period of nine months, from the date ofcommencement of this Act,—

1. (i) no insanitary latrine is constructed, maintained or used within its jurisdiction; and
2. (ii) in case of contravention of clause (i), action is taken against the occupierunder sub-section (3) of section 5.

The appropriate Government may confer such powers and impose such duties onlocal authority and District Magistrate as may be necessary to ensure that the provisions ofthis Act are properly carried out, and a local authority and the District Magistrate may,specify the subordinate officers, who shall exercise all or any of the powers, and perform allor any of the duties, so conferred or imposed, and the local limits within which such powersor duties shall be carried out by the officer or officers so specified.

The District Magistrate and the authority authorised under section 18 or any othersubordinate officers specified by them under that section shall ensure that, after the expiryof such period as specified for the purpose of this Act,—

1. (a) no person is engaged or employed as manual scavenger within theirjurisdiction;
2. (b) no one constructs, maintains, uses or makes available for use, an insanitarylatrine;
3. (c) manual scavengers identified under this Act are rehabilitated in accordancewith section 13, or as the case may be, section 16;
4. (d) persons contravening the provisions of section 5 or section 6 or section 7are investigated and prosecuted under the provisions of this Act; and
5. (e) all provisions of this Act applicable within his jurisdiction are duly compliedwith.

1. (1) The appropriate Government may, by notification, appoint such persons as itthinks fit to be inspectors for the purposes of this Act, and define the local limits withinwhich they shall exercise their powers under this Act.
2. (2) Subject to any rules made in this behalf, an inspector may, within the local limits ofhis jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary,any premises or place for the purpose of,—
   • (a) examining and testing any latrine, open drain or pit or for conducting aninspection of any premises or place, where he has reason to believe that an offenceunder this Act has been or is being or is about to be committed, and to preventemployment of any person as manual scavenger;
   • (b) examine any person whom he finds in such premises or place and who, he hasreasonable cause to believe, is employed as a manual scavenger therein, or is otherwisein a position to furnish information about compliance or non-compliance with theprovisions of this Act and the rules made thereunder;
   • (c) require any person whom he finds on such premises, to give informationwhich is in his power to give, with respect to the names and addresses of personsemployed on such premises as manual scavenger and of the persons or agency orcontractor employing or engaging them;
   • (d) seize or take copies of such registers, record of wages or notices or portionsthereof as he may consider relevant in respect of an offence under this Act which hehas reason to believe has been committed by the principal employer or agency; and
   • (e) exercise such other powers as may be prescribed.
3. (3) Any person required to produce any document or thing or to give any informationrequired by an inspector under sub-section (2) shall be deemed to be legally bound to do sowithin the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).
4. (4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be,apply to any such search or seizure under sub-section (2) as they apply to such search orseizure made under the authority of a warrant issued under section 94 of the said Code.