The Assam State Commission for Safai Karmacharis Act, 2023

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THE ASSAM GAZETTE
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EXTRAORDINARY
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PUBLISHED BY THE AUTHORITY
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BR 16 @feB, 9@qrq, 5©TqqTqt 2024, 15 qR, 1945 aq)
No, 16 Dispur, Friday, 5th January, 2024, 15th Pausa, 1945 (S. E.)
GOVERNMF,Nr OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTN£ENr : : : LEGiSLATrVE BRANCH
NOTIFICATION
The 4th January, 2024
No. LGL.01/2023/35.– The following Act of the Assam Legislative Assembly which
received the assent of the Governor of Assam on 2nd January, 2024 is hereby published for
general information.
ASSAM ACT NO. 1 OF 2024
(Received the assent of the Governor on 2nd January, 2024)
THE ASSAM STATE COMMISSION FOR SAFAI
KARAMCHARIS ACT, 2023

36 THE ASSAM GAZETTE, EXTRAORDHqARY, JANUARY 05, 2024
AN
ACT
to constitute the Assam State Commission for Safai
Karamcharis and to provide for matters connected therewith
or incidental thereto.
Preamble Whereas it is expedient to provide for the constitution
of a State Commission for Safai Kuamchads to safeguard the
rights and interest and for redressal of the grievances of the
Safai Karamcharis in the ' State and for matters connected
therewith or incidental thereto
It is hereby enacted in the Seventy-.fourth Year of the
Republic of India, as follows :-
CHAPTER - I
PRELIMINARY
Short title,
extent and
commencement
1. (1) This Act may be called the Assam State
Commission for Safai KaramchaNs Act, 2023.
(2)
(3)
It shall come into force at once.
It shall extend to the whole of the State of Assam.
Definitions 2 In this Act, unless the context otherwise requires,-
(a)
(b)
(C)
(d)
“Chairperson” means the Chairperson of the
Assam State C'ornmission for Safai Karamchads;
“Commission” means the State Commission for
Safai Karamcharis constituted under section 3;
“(JOvernrner# ’ means the Government of Assam;
“Member” means a Mernber of the Commission
and includes the Chairperson, the Vice
Chairperson and ex-officio Members;
“notification” means notification published in the
Official Gazette;
“prescribed” means prescribed by IUles made
under this Act;
“Safai Kararncharis” means a person engaged in,
or employed for manually carrying human excreta
or any sanitation work;
“Vice Chairperson” means the Vice Chairperson
of the Assam State Commission for Safai
Karamcharis.
(e)
(D
(g)
(h)

THE ASSAM GAZETFE, EXTRAORDnqARY, JANUARY 05, 202,4 37
CHAPTER - II
STATE COMMISSION FOR $AFAI KARAMCHARIS
Constitution of 3
the Assam State
Cornrnission for
Safai Karamcharis
(1) The Government shall, by notification in the
Official Gazette, constitute a body to be known as
the Assam State Commission for Safai Kararncharis
to exercise the powers oonfared on, and to perform
the functions assigned to it under this Act.
The Commission shall consist of the following
Members nominated by the State Govenlment,
(2)
namely :-
(a) A Chairperson to be nominated by the State
Government.
A Vice Chairperson to be nominated by the
State Government.
Eight other persons to be nominated by the
State Government.
The Director, Welfare of Scheduled Castes
and Backward Classes and the Managing
Director, Assam State Development
Corporation for Scheduled Castes shall be ex-
officio Members of the Comrnis8ion.
(b)
(C)
(d)
Term afofRce
and conditions of
service of the
Chairperson, Vice
Chairperson and
Members
4. (1) The Chairperson, Vice Chairperson and every
Member other than the ex-officio Members, shall
hold office for a term of three years eoIn the date
he assumes office.
The Chairperson, Vice Chairperson and a Member
other than ex-officio Members may, by writing
under his hand addressed to the State Government,
resign from the office of the Chairperson, Vice
Chairperson or of Member, as the case may be, at
any time,
The Government shall, by order, remove the
Chairperson, Vice Chairperson or any Member
from the office, if the Chairperson, Vice
Chairperson or such Member,.-
(a) becomes an undischarged insolvent; or
(b) is convicted and sentenced to imprisonment
for an offence which, in the opinion of the
Government, involves moral twpitude; or
becomes of unsound mind and stands so
dealmed by a competent Court; or
refuses to act or becomes incapable of acting;
(2)
(3)
(C)
(d)
(e)
or
without obtaining leave of absence from the
C'oInmission, absents for three consecutive
meetings of the Commission; or

38 THE ASSAM GAZETTE, EXTRAORDnqARY, JANUARY 05, 2024
(D in the opinion of the Government, has abused
the position of Chairperson, Vice Chairperson
or Member as to render that person’s
continuance in oaioe detrimental to the
interests of Safai Kararnchads or the public
interest:
Provided that no person shall be
removed under this clause until that person
has been given an opportunity of being heard
in the matter
(4)
(5)
Any vacancy caused under sub-section (2) or sub-
section (3) above, or otherwise shall be filed up by
fresh nomination.
The salaries and allowances payable to and other
Mm s and conditions of service of the Chairperson,
Vice t'hairpersan and Members shall be such as
may be prescribed.
08icers and other
employees of the
Commission
5. ( i) The State Government shall provide the
Commission with such officers and employees as
may be necessary for the performance of the official
functions of the Commission.
The officers and employees of the Commission may
either be deputed from the Government of Assam or
the Comnassion may, with approval of the State
Govanment, recruit its own officers and staff as per
recruitment policy of the Government from time to
trme.
The Governrnent shall, from time to time, post an
Assam Civil Service ofBeer or any one of the ex-
officio Members of the Commission as
Administrative Officer of the Cornrnission who
shall discharge official functions with approval and
on behalf of the Commission.
The salaries and allowances payable to and other
terms and conditions of service of the officers and
other employees appointed for the purpose of the
Commission shall be such as may be prescribed.
(2)
(3)
(4)
Salaries and
allowances to be
paid out of grants
6. The salaries and allowances payable to ten non-official
members, Chairperson, Vice Chairperson and Members
shall be paid with the approval of Chief Minister, Assam
and the administrative expenses, including salaries,
allowances and pensions payable to the officer:s and other
employees referred to in Section 5, shall be paid out of
are grants referred to in sub-section (1) of section 11.
No act, decision or proceeding of the Commission shall
be invalid on the ground merely of the existence of any
vacancy or defect in the constitution of the Commission.
Vacancies etc. not 7.
to invalidate
proceedings of the
Commission

THE ASSAM GAZETrE, EXTRAORDINARY, JANUARY 05, 2024 39
Procedure to be
regulated by the
Comnrission
8. (1)
(2)
(3)
The Commission shall meet as and when necessary
at such time and place as the Chairperson may think
fit
The Commission shall have the power to regulate
itS own procedure.
All orders and decisions of the Commission shall be
authenticated by the Administrative Officer or any
other officer of the Commission duly authorised by
the Administrative Officer in this behalf
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
B
Functions of the
Commission
9. (1) The Cornrnission shall perform all or any of the
following functions, namely:-
(a) to recommend to the Government specific
programmes of action towards elimination of
inequalities in status, facilities and
opportunities for Safai Karaarchads under a
time-bound action plan;
to study and evaluate the implementation of
the programmes and schemes relating to the
social and economic upliftment and
rehabilitation of Safai Karamcharis and
make recommendations to the State
Government for better co-ordination and
implementation of such pro©ammes and
schemes;
to investigate specific grievances and take
SIIO moto notice of matters relating to non-
implementation of:-
(i) progranunes or schemes in respect of
any group of Safai Kmamchari s.
(ii) decisions, guidelines or instructions
aimed at mitigating the hardship of
Safai Karamcharis;
(iii) measures for the social and economic?
upliRment and welfare of Safai
Karamchads;
(iV) the provisions of any law in its
application to Safai Kmamc>haMs; and
take up such matters with the
concerbed authorities or with the
Central or State GoveHmrents;
to make periodical reports to the Stat?
Government on any matter concerning Safai
Karamcharis, taking into account anY
difficulties or disabilities being encountered
by Safai Karamchads.
(b)
(C)
(d)

40 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 05, 2024
(e) any other matter which may be referred to it
by the State Government.
Powers of the
Commission
10. (1) In discharge of its functions under sub-section (1)
of sectiQn 9, the Commission shall have power to
call for information with respect to any matter
$peciBed ia that section frorn any Governmart or
local or other authority.
(2) The Commission shall, while performing its
functions under sub-section (1) of section 9, have
all the powers of ava court trying a suit under the
Code of Civil Procedure 1908, and in particular in
respect of the following matters, namely:-
(i) summoning and enforcing the attendance
of any person from any part of Assam and
exarnining him on oath.
discovery and production of any document
and witness.
Central
Act No. 5
of 1908
(ii)
(in)
(iV)
receiving any evidence on affidavit.
Requi$itioning for any public record or
copy thereof from any court or office.
Any other matter which may be prescribed.(V)
CHAPtER IV
FINANCE, ACCOUNTS AND AUDIT
Grants by the
State Govemrnent
11. (1) The Government shall, after due appropriation
made by Legislative Assembly by law in this
behalf, pay to the Commission by way of such
grants such sums of money as the Government
may think fit for being utilized for the purpose of
this Act.
The Commission may spend such sums out of the
budget provisions, as it deems fit for perfouhing
its functions under this Act.
The Commission shall maintain proper accounts
and other relevant records and prepare annual
staternents of accounts iII such form as may be
prescribed by the Government in consultation with
the Accountant General of Assam.
The Accounts of the Commission shall be audited
by the Accountant General at such intervals as
may be specified by him and any expenditure
incurred in connection with such audit shall be
payable by the Commission to the AccowHant
General
The Accountant General and any person appointed
by him in connection with audit of the accounts of
the Commission under this Act shall have the
(2)
(1)Accounts and
Audit
12
(2)
(3)

THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 05, 2024 41
same rights, privileges and authority as the
Accountant General generally has in connection
with the audit of Government accounts, and, in
particular, shall have the right to demand the
production of books, accounts, connected vouchers
and other documents and paper and to inspect any
of the offices of the Commission.
Annual Report 13. The Commission shall prepare, in such form and at such
time for each financial year as may be prescribed, its
annual report, giving a full account of its activities
during the previous fInancial year and forward a copy
thereof to the Government.
S
Annual report and
audit report to be
laid before the
Assam Legislative
Assembly
14. (1) The Government shall cause the annual report to
be laid under the State Legislative Assembly along
with a memorandum of action taken or proposed
to be taken on the recommendations of the
Commission and the reasons for the non-
acceptance of the recommendations, if any,
After receipt of the audit report of the
Cornmission, the Government shall take necessary
steps to lay the audit report before the Assam
Legislative Assembly.
(2)
CHArrER V
MISCELLANEOUS
Chairperson, Vice
Chairperson,
Members and
employees of the
Commission to be
public servant
15, The Chairperson, Vice Chairperson, Members and
employees of the Commission shall be deemed to be
public servants within the meaning of section 21 of the
Indian penal Code, 1860.
Central
Act 45 of
1860
V
Power to make
rules
16. (1)
(2)
The Government may, by notifIcation in the
Official Gazette, make rules for carrying out the
provisions of this Act.
In particular, and without prejudice to the
generality of the foregoing powers, such rules may
provide for all or any of the following rnatters
namely :-
(a) salaries, and allowances payable to and the
other terms and conditions of service of the
Chairperson, Vice Chairperson and
Members under sub-section (5) of the
section 4 and of officers and other
employees under sub-seGtion (4) of section
5 S

42 THE ASSAM GAZE'HE, EXTRAORDINARY, JANUARY 05, 2024
(b)
(.)
(d)
(e)
The form in which the annual statement of
accounts shall be maintained under sub-
section (1) of section 12;
The ft)rIn and the time at which the wlnual
report shall be prepared under section 13;
Manner of keeping account of income and
expenditure of the Cornmi§sion; and
Any other matter which is required to be or
may be prescribed.
(3 ) Every rule made under this Act, shall be laid, as
soon as may be after it is made, before the Assam
Legislative Assembly, while it is in session, for a
total period of thirty days which may be comprised
in one session or in two or more successive
sessions, and if before the expiry of the session in
which it is so laid or the session immediately
following, the Assam Legislative Assembly agrees
in making any modification in the rule or the
Assam Legislative Assembly agrees that the rule
should not be made, the rule shall therea6er have
effect only in such modified form or be of no
effect, as the case may be; so, however, that any
such modifIcation or annulnrent shall be without
prejudice to the validity of anything previously
done under that rule.
Powers to remove
difficulties
17. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by
notification published the Official Gazette, make
such provisions, not inconsistent with the
provisions of this Act as appear to it to be
necessary or expedient, for rernoving the
difaculty.
Every notification made under this section shall, as
soon as may be after it is made, be laid before the
Assam Legislative Assembly.
(2) B
GEETANJALI DAS SAIKIA,
Secretary,
Legislative Departmenl Dispur.
==;i=t;iinteiand Published by the Director, Directorate of Prhhng & Stationery, Assam, Guwahad-21.
Exuaordinary Gazette No. 3 1 – 50 + 10 - 05 - 01 - 2024. (visit at– dpns.assam.gov.in)

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