EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT 1993

THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRYLATRINES (PROHIBITION) ACT, 1993

ACT No. 46 OF 1993

5th June,1993

An Act to provide for the prohibition of employment of manualscavengers as well as construction or continuance of dry latrine and for theregulation of construction and maintenance of water seal latrines and formatters connected therewith or incidental thereto

WHEREAS fraternity assuring thedignity of the individual has been enshrined in the Preamble to theConstitution;

AND WHEREAS article 47 of theConstitution, inter ally, provides that the State shall regard raising thestandard of living of its people and the improvement of public health as amongits primary duties;

AND WHEREAS the dehumanising practice of manual scavenging of human excreta stillcontinues in many parts of the country;

AND WHEREAS the municipal lawsby themselves as a measure for conservation of dry latrines into water–seallatrines and prevention of construction of dry latrines are not stringentenough to eliminate this practice; AND

WHEREAS it is necessary toenact a uniform legislation for the whole of India for abolishing manualscavenging by declaring employment of manual scavengers for removal of humanexcreta an offence and thereby Hanna the further proliferation of dry latrinesin the country;

AND WHEREAS it is desirable foreliminating the denominating practice of employment of manual scavengers and for protecting and improving the humanenvironment to make it obligatory to convert dry; latrines into water–seallatrines or to construct water–seal latrines in new constructions;

AND WHEREAS Parliament has nopower to make laws for the States with respect to the matters aforesaid, exceptas provided in articles 249 and 250 of the Constitution;

AND WHEREAS in pursuance ofclause (1) of article 252 of the Constitution, resolutions have been passed byall the Houses of the Legislatures of the States of Andhra Pradesh, GOA,Karnataka, Maharashtra, Tripura and West Bengal that the matters aforesaid shouldbe regulated in those States by Parliament by law; Employment of ManualScavengers and Construction of Dry Latrines (Prohibition)

BE it enacted by Parliament inthe Forty–fourth Year of the Republicof India as follows: –

CHAPTER I

PRELIMINARY

1.Short title, application andcommencement: (1) ThisAct may be called the Employment of Manual Scavengers and Construction of DryLatrines (Prohibition) Act, 1993.Short title, application and commences.

(2) It applies in the firstinstance to the whole of the States of Andhra Pradesh, GOA, Karnataka,Maharashtra, Tripura and West Bengal and to all the Union territories and itshall also apply to such other State which adopts this Act by resolution passedin that behalf under clause (1) of article 252 of the Constitution.

(3) It shall come into force inthe States of Andhra Pradesh, GOA, Karnataka, Maharashtra, Tripura and West Bengal and in the Union territories on such date asthe Central Government may, by notification, appoint and in any other Statewhich adopts this Act under clause (1) of article 252 of the Constitution, onthe date of such adoption.

2.Definitions: In this Act, unless the context otherwise requires,-

(a) "area",in relation to any provision of this Act, means such area as the StateGovernment may, having regard to the requirements of that provision, specify bynotification;

(b) "building" meansa house, out–house, stable, latrine, urinal, sheet house, hut, wall(other than a boundary wall) or any other structure whether made of masonry,bricks, wood, mud, metal or other material;

(c) "drylatrine" means a latrine other than a water–seal latrine;

(d) "environment"includes water, air and land and the inter–relationship which existsamong and between water, air and land and human beings, other living creatures,plants, micro–organism and property;

(e) "environmentalpollutant" means any solid, liquid or gaseous substance present in suchconcentration as may be, or tend to be, injurious to environment;

(f) "environmentalpollution" means the presence in the environment of any environmentalpollutant;

(g) "ExecutiveAuthority" means an Executive Authority appointed under sub–section(1) of section 5;

(h) "HUDCO" means theHousing and Urban Development Corporation Limited, a Government companyregistered by that name under the Companies Act, 1956;

(i)"latrine" means aplace set apart for defecation together with the structure comprising suchplace, the receptacle therein for collection of human excreta and the fittingsand apparatus, if any, connected therewith; Employment of Manual Scavengers andConstruction of Dry Latrines (Prohibition)

(j) "manualscavenger" means a person engaged in or employed for manually carryinghuman excreta and the expression "manual scavenging" shall beconstrued accordingly;

(k) "notification"means a notification published in the Official Gazette;

(l) "prescribed"means prescribed by rules made under this Act;

(m) "StateGovernment", in relation to a Union territory, means the Administratorthereof appointed under article 239 of the Constitution;

(n) "water–seallatrine" means a pour–flush latrine, water flush latrine or asanitary latrine with a minimum water–seal of 20 millimetres diameter inwhich human excreta is pushed in or flushed by water.

CHAPTER II

PROHIBITION OF EMPLOYMENT OF MANUAL SCAVENGERS, ETC

3.Prohibition of employment ofmanual scavengers, etc: (1) Subject so sub–section (2) and the other provisions ofthis Act, with effect from such date and in such area as the State Governmentmay, by notification, specify in this behalf, no person shall–

(a) engagein or employ for or permit to be engaged in or employed for any other personnor manually carrying human excreta; or

(b) constructor maintain a dry; latrine.

(2) The State Government shallnot issue a notification under sub–section (1) unless—

(i) ithas, by notification, given not less than ninety days’ notice of its intentionto do so;

(ii) adequatefacilities for the use of water–seal latrines in that area exist; and

(iii) itis necessary or expedient to do so for the protection and improvement of theenvironment or public health in that area.

4.Power to exempt: The State Government may, by ageneral or special order published in the Official Gazette, and upon such conditions,if any, as it any think fit to impose, exempt any area, category of buildingsor class of persons from any provisions of this Act or from any specifiedrequirement contained in this Act or any rule, order, notification or schememade thereunder or dispense with the observance of any such requirement in aclass or classes of cases, if it is satisfied that compliance with suchprovisions or such requirement is or ought to be exempted or dispenses with inthe circumstances of the case.

CHAPTER III

IMPLEMENTING AUTHORITIES AND SCHEMES

5.Appointment of ExecutiveAuthorities and their powers and functions: (1) The State Government may, by order published inthe Official Gazette, appoint a District Magistrate or a Sub–DivisionalMagistrate, as an Executive Authority to exercise jurisdiction within such areaas may be specified in the order and confer such powers and impose such dutieson him, as may be necessary to ensure that the provisions of this Act areproperly carried out and the Executive Authority may specify the officer orofficers, subordinate to him, who shall exercise all or any of the powers, andperform all or any of the duties, so conferred or imposed and the local limitswithin which such powers or duties shall be carried out by the officer orofficers so specified.

(2) The Executive Authorityappointed under sub–section (1) and the officer or officers specifiedunder that sub–section shall, as far as practicable, try to rehabilitateand promote the welfare of the persons who were engaged in or employed for asmanual scavengers in any area in respect of which a notification under sub–section(1) of section 3 has been issued by securing and protecting their economicinterests.

6.Power of State Government tomake schemes: (1) TheState Government may, by notification, make one or more schemes for regulatingconversion of dry latrines into, or construction and maintenance of, water–seallatrines, rehabilitation of the persons who were engaged in or employed for asmanual scavengers in any area in respect of which a notification under sub–section(1) of section 3 has been issued in gainful employment and administration ofsuch schemes and different schemes may be made in relation to different areasand for different purposes of this Act:

Provided that no such scheme asinvolving financial assistance from the HUDCO shall be made without consultingit.

(2) In particular, and withoutprejudice to the generality of the foregoing power, such schemes may providefor all or any of the following matters, namely: –

(a) time–bound phasedprogramme for the conversion of dry latrines into water–seal latrines;

(b) provisionof technical or financial assistance for new or alternate low cost sanitationto local bodies or other agencies;

(c)constructionand maintenance of community latrines and regulation of their use on pay anduse basis;

(d) constructionand maintenance of shared latrines in slum areas or for the benefit ofspecially and economically backward classes of citizens;

(e) registrationof manual scavengers and their rehabilitation;

(f) specificationand standards of water–seal latrines;

(g) procedurefor conversion of dry latrines into water–seal latrines; Employment ofManual Scavengers and Construction of Dry Latrines (Prohibition)

(h) licensingfor collection of fees in respect of community latrines or shared latrines.

7.Power of State Government to issuedirections:Notwithstanding anything contained in any; other law but subject to the otherprovisions of this Act, the State Government may, in the exercise of its powersand performance of its functions under this Act, issue directions in writing toany person, officer local or other authority and such persons, officer or alocal or other authority shall be bound to comply with such directions. Power of State Government to issue directions.

8.Executives Authorities,inspectors, officers and other employees of such authorities to be publicservant: All Executive Authorities, allofficers and other employees of such authorities including the officersauthorised under sub–section (1) of section 5, all inspectors appointedunder sub–section (1) of section 9 and all officers and other employeesauthorised to execute a scheme or order made under this Act, when acting orpurporting to act in pursuance of any provisions of this Act or the rules orschemes made or orders or directions issued thereunder, shall be deemed to bepublic servants within the meaning of section 21 of the Indian Penal Code. Executive Authorities, inspectors, officers and other employees ofsuch authorities to be public servants.

9.Appointment of inspectors and their powersof entry and inspection: (1) The State Government may, by notification, appoint suchpersons as it may think fit to be inspectors for the purposes of this Act, anddefine the local limits within which they shall exercise their powers underthis Act. Appointment of inspectors and their powers of entryand inspection.

(2) Every inspector within thelocal limits of jurisdiction of an Executive Authority shall be subordinate tosuch authority.

(3) Subject to any rules madein this behalf by the State Government, an inspector may, within the locallimits of his jurisdiction, enter, at all reasonable times, with suchassistance as he considers necessary, any place for the purpose of–

(a) performingany of the functions of the Executive Authority entrusted to him;

(b) determining whether and ifso in what manner, any such functions are to be performed or whether anyprovisions of this Act or the rules, orders or schemes made thereunder or anynotice, order, direction or authorisation served, made, given or granted underthis Act is being or has been complied with;

(c) examining and testing anylatrine or for conducting an inspection of any building in which he has reasonto believe that an offence under this Act or the rules, orders or schemes madethereunder has binaries being or is about to be committed and to prevent ormitigate environmental pollution.

10.Power of Executive Authorityto prevent environmental: (1) On receipt of information with respect to the fact orapprehension of any occurrence of contravention of the provisions of section 3,whether through intimation by some person or on a report of the inspector orotherwise, the Executive Authority shall, as early as practicable, besidestaking any other action under this Act, direct the owner or occupier of thepremises to take such remedial measures, as may be necessary, within suchreasonable time as any be specified therein and in case the owner or occupier,as the case may be, fails to comply with such directions, cause such remedialmeasures to be taken as are necessary to prevent or mitigate the environmentalpollution at the cost of such owner or occupier of the premises. Power of Executive Authority to prevent environmental pollution incertain cases.

(2) The expenses, if any,incurred by the Executive Authority with respect to the remedial measuresreferred to in sub–section (1), together with interest at such rate asthe State Government may specify from the date when a demand for the expensesis made until it is paid, may be recovered by such authority or agency from theperson concerned as arrears of land revenue or of public demand.

11. (1) Notwithstanding anythingcontained in its Memorandum of Association or Articles of Association orschemes for the grant of loans for housing and urban development, it shall bethe duty of HUDCO to extend, in suitable cases, financial assistance for theimplementation of such schemes for the construction of water–seallatrines as may be made under section 6.

(2) The financial assistancereferred to in sub–section (1) may be extended by HUDCO on such termsand conditions (including on easy and concessional rates of interest) and insuch manner as it may think fit in each case or class of cases. Power to levy fee.

12.Powersto levy fee: Anyorder or scheme which the State Government is empowered to make under this Actmay, notwithstanding the absence of any express provision to that effect,provide for levy; of fees in respect of–

(a) communitylatrines constructed under a scheme on pay and use basis;

(b) sharedlatrines constructed under a scheme; or

(c) supplyof copies of documents or orders or extracts thereof; or

(d) licensingof contractors for construction of water–seal latrines; or

(e) anyother purpose or matter involving rendering of service by any officer,committee or authority under this Act or any rule, direction, order or schememade thereunder :

Provided that the StateGovernment may, if it considers necessary so to do, in the public interest, bygeneral or special order published in the Official Gazette, grant exemption onsuch grounds as it deems fit from the payment of any such fee either in part orin full.

13.Constitutionof committees: (1) TheCentral Government may be notification, constitute

(a) one or more Project Committees for appraising of the schemesfor the construction of water–seal latrines in the country;

(b) one or more Monitoring Committees to monitor the progress ofsuch schemes;

(c) suchother committees for such purposes of the Act and with such names as theCentral Government may deem fit. Constitution of Committees.Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition)

(2) The composition of thecommittees constituted by the Central Government, the powers and functionsthereof, the terms and conditions of appointment of the members of suchcommittees and other matters connected therewith shall be such as the CentralGovernment may prescribe.

(3) The members of thecommittees under sub–section (1) shall be paid such fees and allowancefor attending the meetings as may be prescribed.

(4) The State Government may,by notification, constitute –

(a) one or more State Co–ordinationCommittees for co–ordination and monitoring of the programmes for theconstruction of water–seal latrines in the State and rehabilitation ofthe persons who were engaged nor employed for as manual scavengers in any areain respect of which a notification under sub–section (1) of section 3has been issued;

(b) suchother committees for such purpose of the Act and with such names as the StateGovernment may deem fit.

(5) The composition of thecommittees constituted by the State Government the powers and functionsthereof, the terms and conditions of the members of such committees and othermatters connected therewith shall be such as the State Government mayprescribe.

(6) The members of thecommittees under sub–section (4) shall be paid such fees and allowancesfor attending the meetings as may be prescribed.

CHAPTER IV

PENALTIES AND PROCEDURE

14.Penalty for contravention ofthe provisions of the Act and rules, orders, directions and schemes: Whoever fails to comply with orcontravenes any of the provisions of this Act, or the rules or schemes made ororders or directions issued thereunder, shall, in respect of each such failureor contravention be punishable with imprisonment for a term which may extend toone year or with fine, which may extend to two thousand rupees, or with both,and in case the failure or contravention continues, with additional fine whichmay extend one hundred rupees for every day during which such failure orcontravention continues after the conviction for the first such failure orcontravention. Penalty for contravention of the provisions of the Act andrules, orders, directions and schemes,.

15.Offences by companies: (1) If the person committing anoffence under this Act is a company, the company as well as every person incharge of, and responsible to, the company for the conduct of its business atthe time of the commission of the offence, shall be deemed to be guilty of theoffence and shall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub–section shall render anysuch person liable to any punishment, if he proves that the offence wascommitted without his knowledge or that he had exercised all due diligence toprevent the commission of such offence.

(1) Notwithstanding anythingcontained in sub–section (1), where an offence under this Act has beencommitted by a company and it is proved that the offence has been committedwith the consent or connivance of, or that the commission of the offence isattributable to any neglect on the part of any director, manager, managing agent or such other officer ofthe company, such director, manager managing agent or such other officer shallalso be deemed to be guilty of that offence and shall be liable to be proceededagainst and punished accordingly.

Explanation: For thepurposes of this section, –

(a) "company"means any body corporate and includes a firm or other association ofindividuals; and

(b) "director",in relation to a firm, means a partner in the firm.

16.Offencesto be cognizable: Notwithstanding anything contained in the Code of CriminalProcedure, 1973, every offence under this Act shall be cognizable. Offences to be cognizable.

17.Provisionin relation to jurisdiction: (1) No court inferior to that of a Metropolitan Magistrate or aJudicial Magistrate of the first class shall try any offence under this Act. Provision in relation to jurisdiction.

(2) No prosecution for anyoffence under this Act shall be instituted except by or with the previoussanction of the

Executive Authority.

(3) No court shall takecognizance of any offence under this Act except upon a complaint made by aperson generally or specially authorised in this behalf by the ExecutiveAuthority.

18.Limitationof prosecution: No courtshall take cognizance of an offence punishable under this Act unless thecomplaint thereof is made within three months from the date on which thealleged commission of the offence came to the knowledge of the complainant. Limitation of prosecution.

CHAPTER V

MISCELLANEOUS

19.Information,reports or returns: The Central Government may, in relation to its functions underthis Act, from time to time, require any person, officer, State Government orother authority to furnish to it, any prescribed authority or officer anyreports, returns, statistics, accounts and other information as may be deemednecessary and such person, officer, State Government other authority, as thecase may be, shall be bound to do so. Information,reports or returns.

20.Protection of action takenin good faith: No suit,prosecution or other legal proceedings shall lie against the Government or anyofficer or other employee of the Government or any authority constituted underthis Act or executing any scheme made under this Act or any member, officer orother employee of such authority or authorities in respect of anything which isdone or intended to be done in good faith in pursuance of this Act or the rulesor schemes made, or the orders or directions issued, thereunder. Protection of action taken in good faith. Employment ofManual Scavengers and Construction of Dry; Latrines (Prohibition)

21.Effection of other laws andE agreements inconsistent with the Act: (1) Subject to the provisions of sub–section(2), the provisions of this Act, the rules, schemes or orders made thereundershall have effect not–withstanding anything inconsistent therewithcontained in any enactment other than this Act, custom, tradition, contract,agreement or other instrument. Effecting of other laws andagreements inconsistent with the Act.

(2) If any act or omissionconstitutes an offence punishable under this Act and also under any other Act,then, the offender found guilty of such offence shall be liable to be punishedunder the other Act, and not under this Act.

22.Powerof Central Government to make rules: (1) The Central Government may, by notification,make rules to carry out the provisions of this Act. Power ofCentral Government to make rules.

(2) Without prejudice to thegenerality of the foregoing power, such rules may provide for all or any of thefollowing matters, namely: –

(i) the composition of theProject Committees, Monitoring Committees and other committees constituted bythe Central Government under sub–section (1) of section 13, the powersand functions thereof, the number of members and their terms and conditions ofappointment and other matters connected therewith;

(ii) thefees and allowances to be paid to the members the committees constituted undersub–section (1) of section 13.

(3) Every rule may by theCentral Government under this Act, shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one sessions or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the sessions or the successive sessions aforesaid, both House agreethat the rule should not be made, the rule shall, thereafter have effect onlyin such modified form or be of no effect, as the case may; be so however, thatany such modification or annulment shall be without prejudice to the validityof anything previously done under that rule.

23.Powerof State Government to make rules: (1) The State Government may, by notification, make rules, notbeing a matter for which the rules are or required to be made by the CentralGovernment, for carrying out the provisions of this Act. Powerof State Government to make rules.

(2) Without prejudice to thegenerality of the foregoing power, such rules may provide for all or any of thefollowing matters, namely: –

(i) the composition of theState Co–ordination Committees and other committees constituted by theState Government under sub–section (4) of section 13, the powers andfunctions thereof, the number of members and their terms and conditions ofappointment and other matters connected therewith;

(ii) thefees and allowance to be paid to the members of the committee constituted undersub–section (4) of section 13;

(iii) any other matter which isrequired to be or may be, prescribed.(3) Every rule and every scheme made bythe State Government under this Act shall be laid, as soon as may be after itis made, before the State Legislature. Employment of Manage Scavengers andConstruction of Dry Latrines (Prohibition)

24.Powerto remove difficulties: (1) If any difficulty arises in giving effect to the provisions ofthis Act, the Central Government may, by order published in the OfficialGazette, make such provisions, not inconsistent with the provisions of thisAct, as may appear to it to be necessary or expedient for the removal of thedifficulty: Power to remove difficulties.

Provided that no such ordershall be made in relation to a State after the expiration of three years fromthe commencement of this Act in that State.

(2) Every order made under thissection shall, as soon as may be after it is made, be laid before each House ofParliament.