The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Chapter VII VIGILANCE COMMITTEES
Chapter VII VIGILANCE COMMITTEES
24. Vigilance Committees.
- (1) Every State Government shall, by notification, constitute a Vigilance Committeefor each district and each Sub-Division.
- (2) Each Vigilance Committee constituted for a district shall consist of the followingmembers, namely:—
- (a) the District Magistrate—Chairperson, ex officio;
- (b) all members of the State Legislature belonging to the Scheduled Casteselected from the district—members: Provided that if a district has no member of the State Legislature belonging tothe Scheduled Castes, the State Government may nominate such number of othermembers of the State Legislature from the district, not exceeding two, as it may deemappropriate.
- (c) the district Superintendent of Police— member, ex officio;
- (d) the Chief Executive Officer of,—
- (i) the Panchayat at the district level—member, ex officio;
- (ii) the Municipality of the district headquarters—member, ex officio;
- (iii) any other Municipal Corporation constituted in the district—member, ex officio;
- (iv) Cantonment Board, if any, situated in the district—member,ex officio;
- (e) one representative be nominated by the railway authority located in thedistrict;
- (f) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the district, to be nominated by theDistrict Magistrate, two of whom shall be women;
- (g) one person to represent the financial and credit institutions in the district, tobe nominated by the District Magistrate;
- (h) the district-level officer in-charge of the Scheduled Castes Welfare—Member-Secretary, ex officio;
- (i) district-level officers of Departments and agencies who, in the opinion of theDistrict Magistrate, subject to general orders, if any, of the State Government, have asignificant role to play in the implementation of this Act.
- (3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of thefollowing members, namely:—
- (a) the Sub-Divisional Magistrate—Chairperson, ex officio;
- (b) the Chairpersons and the Chief Executive Officers of Panchayats atintermediate level of the Sub-Division, and where Panchayats at intermediate level, donot exist, Chairpersons from two Panchayats at Village level to be nominated by theSub-Divisional Magistrate—member, ex officio;
- (c) the Sub-Divisional Officer of Police—member, ex officio;
- (d) Chief Executive Officer of—
- (i) the Municipality of the Sub-Divisional headquarters—member,ex officio; and
- (ii) Cantonment Board, if any, situated in the Sub-Division—member,ex officio;
- (e) one representative to be nominated by the railway authority located in the Sub-Division—member, ex officio;
- (f) two social workers belonging to the organisation working for the prohibitionof manual scavenging and rehabilitation of the manual scavengers, or representing thescavenger community resident in the Sub-Division, to be nominated by the DistrictMagistrate, one of whom shall be a woman;
- (g) one person to represent the financial and credit institutions in theSub-Division, to be nominated by the Sub-Divisional Magistrate;
- (h) the Sub-Divisional level officer in-charge of Scheduled Castes welfare—Member-Secretary, ex officio;
- (i) Sub-Divisional level officers of Department and agencies who in the opinionof the Sub-Divisional Magistrate, subject to any general orders of the State Governmentor the District Magistrate, have a significant role to play in the implementation of thisActmember, ex officio.
- (4) Each Vigilance Committee constituted at district and Sub-Divisional level shallmeet at least once in every three months.
- (5) No proceeding of a Vigilance Committees shall be invalid merely by reason of anydefect in its constitution.
Chapter VII VIGILANCE COMMITTEES
25. Functions of Vigilance Committee.
The functions of Vigilance Committee shall be—
- (a) to advise the District Magistrate or, as the case may be, the Sub-DivisionalMagistrate, on the action which needs to be taken, to ensure that the provisions of thisAct or of any rule made thereunder are properly implemented;
- (b) to oversee the economic and social rehabilitation of manual scavengers;
- (c) to co-ordinate the functions of all concerned agencies with a view to channelise adequate credit for the rehabilitation of manual scavengers;
- (d) to monitor the registration of offences under this Act and their investigationand prosecution
Chapter VII VIGILANCE COMMITTEES
26. State Monitoring Committee.
- (1) Every State Government shall, by notification, constitute a State MonitoringCommittee, consisting of the following members, namely:—
- (a) the Chief Minister of State or a Minister nominated by him—Chairperson,ex officio;
- (b) the Minister-in-charge of the Scheduled Castes Welfare, and such otherDepartment, as the State Government may notify;
- (c) Chairperson of the State Commissions for Safai Karamcharis, and ScheduledCastes, if any— member, ex officio;
- (d) representatives of the National Commission for Scheduled Castes, and SafaiKaramcharis— member, ex officio;
- (e) not less than two members of the State Legislature belonging to the ScheduledCastes, nominated by the State Government: Provided that if any State Legislature has no member belonging to theScheduled Castes, the State Government may nominate the members belonging to theScheduled Tribes;
- (f) the Director-General of Police— member, ex officio;
- (g) Secretaries to the State Government in the Departments of Home, PanchayatiRaj, Urban Local Bodies, and such other Departments, as the State Government may notify;
- (h) Chief Executive Officer of at least one Municipal Corporation, Panchayat atthe district-level, Cantonment Board and railway authority as the State Governmentmay notify;
- (i) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the State, to be nominated by theState Government, two of whom shall be women;
- (j) State-level head of the convener Bank of the State Level Bankers Committee—member, ex officio;
- (k) Secretary of the Department of the State Government dealing withdevelopment of the Scheduled Castes—Member-Secretary, ex officio;
- (l) such other representative of Departments of the State Government and suchother agencies which, in the opinion of the State Government, are concerned with theimplementation of this Act.
- (2) The State Monitoring Committee shall meet at least once in every six months andshall observe such rules of procedure in regard to the transaction of business at its meetingsas may be prescribed.
Chapter VII VIGILANCE COMMITTEES
27. Functions of the State Monitoring Committee.
The functions of the State Monitoring Committee shall be—
- (a) to monitor and advise the State Government and local authorities for effectiveimplementation of this Act;
- (b) to co-ordinate the functions of all concerned agencies;
- (c) to look into any other matter incidental thereto or connected therewith forimplementation of this Act.
Chapter VII VIGILANCE COMMITTEES
28. Duty of States or Union territories to send periodic reports to the Central Government.
Every State or Union territory Government and Union territory administration shallsend such periodic reports to the Central Government about progress of implementation ofthis Act, as the Central Government may require.
Chapter VII VIGILANCE COMMITTEES
29. Central Monitoring Committee.
- (1) The Central Government shall, by notification, constitute a Central MonitoringCommittee in accordance with the provisions of this section.
- (2) The Central Monitoring Committee shall consist of the following members,namely:—
- (a) The Union Minister for Social Justice and Empowerment—Chairperson,ex officio;
- (b) Chairperson of the National Commission for Scheduled Castes—member,ex officio;
- (c) Minister of State in the Ministry of Social Justice and Empowerment—member, ex officio;
- (d) Chairperson, National Commission for Safai Karamcharis—member, ex officio;
- (e) the Member of the Planning Commission dealing with development of theScheduled Castes— member, ex officio;
- (f) three elected members of Parliament belonging to Scheduled Castes, two fromthe Lok Sabha and one from the Rajya Sabha;
- (g) Secretaries of the Ministries of,—
- (i) Social Justice and Empowerment, Department of Social Justice andEmpowerment;
- (ii) Urban Development;
- (iii) Housing and Urban Poverty Alleviation;
- (iv) Drinking Water and Sanitation;
- (v) Panchayati Raj;
- (vi) Finance, Department of Financial Services; and
- (vii) Defence, members, ex officio;
- (h) Chairman, Railway Board—member, ex officio;
- (i) Director-General, Defence Estates—member, ex officio;
- (j) representatives of not less than six State Governments and one Union territory,as the Central Government may, notify;
- (k) not more than six social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or,representing the scavenger community, resident in the country, to be nominated bythe Chairperson, two of whom shall be women;
- (l) Joint Secretary, Department of Social Justice and Empowerment in theMinistry of Social Justice and Empowerment, looking after development of ScheduledCastes—Member-Secretary, ex officio;
- (m) such other representatives of Central Ministries or Departments and agencieswhich, in the opinion of the Chairperson, are concerned with the implementation ofthis Act.
- (3) The Central Monitoring Committee shall meet at least once in every six months.
Chapter VII VIGILANCE COMMITTEES
30. Functions of the Central Monitoring Committee.
The functions of the Central Monitoring Committee shall be,—
- (a) to monitor and advise the Central Government and State Government foreffective implementation of this Act and related laws and programmes;
- (b) to co-ordinate the functions of all concerned agencies;
- (c) to look into any other matter incidental to or connected with implementationof this Act.
Chapter VII VIGILANCE COMMITTEES
31. Functions of National Commission for Safai Karamcharis.
- (1) The National Commission for Safai Karamcharis shall perform the followingfunctions, namely:—
- (a) to monitor the implementation of this Act;
- (b) to enquire into complaints regarding contravention of the provisions of thisAct, and to convey its findings to the concerned authorities with recommendationsrequiring further action; and
- (c) to advise the Central and the State Governments for effective implementationof the provisions of this Act.
- (d) to take suo motu notice of matter relating to non-implementation of this Act.
- (2) In the discharge of its functions under sub-section (1), the National Commissionshall have the power to call for information with respect to any matter specified in that sub-sectionfrom any Government or local or other authority.
Chapter VII VIGILANCE COMMITTEES
32. Power of State Government to designate an appropriate authority to monitor the implementation of this Act.
- (1) The State Government may, by notification, designate a State Commission forSafai Karamcharis or a State Commission for the Scheduled Castes or such other statutory orother authority, as it deems fit, to perform, within the State, mutatis mutandis, the functionsspecified in sub-section (1) of section 31.
- (2) An authority designated under sub-section (1) shall, within the State, have,mutatis mutandis, the powers of the National Commission for Safai Karamcharis as specifiedin sub-section (2) of section 31.
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