The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
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33. Duty of local authorities and other agencies to use modern technology for cleaning of sewers, etc.
- (1) It shall be the duty of every local authority and other agency to use appropriatetechnological appliances for cleaning of sewers, septic tanks and other spaces within theircontrol with a view to eliminating the need for the manual handling of excreta in the processof their cleaning.
- (2) It shall be the duty of the appropriate Government to promote, through financialassistance, incentives and otherwise, the use of modern technology, as mentioned in sub-section(1).
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34. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against an appropriateGovernment or any officer of the appropriate Government or any member of the Committeefor anything which is in good faith done or intended to be done under this Act.
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35. Jurisdiction of civil courts barred.
No civil court shall have jurisdiction in respect of any matter to which any provisionof this Act applies and no injunction shall be granted by any civil court in respect of anything,which is done or intended to be done, by or under this Act.
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36. Power of appropriate Government to make rules.
- (1) The appropriate Government shall, by notification, make rules for carrying outthe provisions of this Act, within a period not exceeding three months from the date ofcommencement of this Act.
- (2) In particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—
- (a) the obligation of an employer, under clause (d) of sub-section (1) ofsection 2;
- (b) the manner in which the excreta fully decomposes under clauses (e) and (g)of sub-section (1) of section 2;
- (c) the manner of carrying out survey of insanitary latrine and publishing listthereof under clause (a) of sub-section (1) of section 4;
- (d) procedure of giving notice and recovering cost of demolition of an insanitarylatrine undersubsection (3) of section 5;
- (e) content and methodology of the survey under sub-section (2) of section 11;
- (f) the eligibility conditions for identification of manual scavengers and publicationof provisional list of persons found to be working as manual scavengers under sub-section(4) of section 11;
- (g) publication of final list of persons found to be working as manual scavengersunder subsection (6) of section 11;
- (h) manner of application to be made to the Chief Executive Officer of themunicipality, or to an officer authorised by him in this behalf, under sub-section (1) ofsection 12 or, as the case may be, sub-section (1) of section 15;
- (i) provision of initial, one time, cash assistance under sub-clause (ii) of clause(a) of sub-section (1) of section 13;
- (j) such other powers of Inspectors under clause (e) of sub-section (2) of section20; and
- (k) any other matter which is required to be, or may be, prescribed.
- (3) Every rule made under this Act by the Central Government shall be laid, as soon as maybe after it is made, before each House of Parliament, while it is in session, for a total period of thirtydays which may be comprised in one session or in two or more successive sessions, and if, beforethe expiry of the session immediately following the session or the successive sessions aforesaid,both Houses agree in making any modification in the rule or both Houses agree that the ruleshould not be made, the rule shall thereafter have effect only in such modified form or be of noeffect, as the case may be; so, however, that any such modification or annulment shall be withoutprejudice to the validity of anything previously done under that rule.
- (4) Every rule made under this Act by the State Government shall, as soon as may beafter it is made, be laid before each House of State Legislature, where there are two Housesand where there is one House of State Legislature, before that House.
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37. Power of Central Government to make model rules.
- (1) Notwithstanding anything contained in section 36 of this Act:—
- (a) the Central Government shall, by notification, publish model rules for theguidance and use of State Governments; and
- (b) in case the State Government fails to notify the rules under section 36 of thisAct within the period of three months specified therein, then the model rules as notifiedby the Central Government shall be deemed to have come into effect, mutatis mutandis,in such State, till such time as the State Government notifies its rules.
- (2) The model rules made by the Central Government under this Act shall be laid, assoon as may be after they are made, before each House of Parliament while it is in session, fora total period of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediately following thesession or the successive sessions aforesaid, both Houses make any modification in therule, the rule shall thereafter have effect only in such modified form; so, however, that anysuch modification shall be without prejudice to the validity of anything previously doneunder that rule.
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38. Power to remove difficulties.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the CentralGovernment may, by order published in the Official Gazette, make such provisions, notinconsistent with the provisions of this Act, as may appear to it to be necessary or expedientfor the removal of the difficulty: Provided that no such order shall be made in relation to a State after the expiration ofthree years from thecommencement of this Act in that State.
- (2) Every order made under this section shall, as soon as may be after it is made, be laidbefore each House of Parliament.
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39. Power to exempt.
- (1) The appropriate Government may, by a general or special order published in theOfficial Gazette, for reasons to be recorded, and subject to such conditions as it may impose,exempt any area, category of buildings or class of persons from any provisions of this Act orfrom any specified requirement contained in this Act or any rule, order, notification, bye-lawsor scheme made thereunder or dispense with the observance of any such requirement in aclass or classes of cases, for a period not exceeding six months at a time.
- (2) Every general or special order made under this section shall be laid, as soon as maybe after it is made, before each House of Parliament or each House of State Legislature, wherethere are two Houses and where there is one House of State Legislature, before that House.
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