The PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013

e do e TH— (TH)04/0007/2003—13 REGISTERED NO. DL—(N)04/0007/2003—13 
The Gazette of Judia ECICI 
EXTRAORDINARY 
M I— &vs 1 
PART II — Section 1 
TR & FehTf 
PUBLISHED BY AUTHORITY 
w 35] T feeeh, Jeeafrar, faamr 19, 2013/ W1 28, 1935 (F) 
No. 35] NEW DELHI, THURSDAY, SEPTEMBER 19, 2013/ BHADRA 28,1935 (SAKA) 
| i g e & st @ o T stem dwe @ w9 H T ws | 
Separate paging is given to this Part in order that it may be filed as a separate compilation. 
MINISTRY OF LAW AND JUSTICE 
(Legislative Department) 
New Delhi, the 19th September, 2013/Bhadra 28, 1935 (Saka) 
The following Act of Parliament received the assent of the President on the 
18th September, 2013, and is hereby published for general information:— 
THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS 
AND THEIR REHABILITATION ACT, 2013 
No. 25 or 2013 
[18th September,2013.] 
An Act to provide for the prohibition of employment as manual scavengers, 
rehabilitation of manual scavengers and their families, and for matters 
connected therewith or incidental thereto. 
‘WHEREAS promoting among the citizens fraternity assuring the dignity of the individual 
is enshrined as one of the goals in the Preamble to the Constitution; 
Anp wHEREAS the right to live with dignity is also implicit in the Fundamental Rights 
guaranteed in Part I1T of the Constitution; 
Anp WHEREAS article 46 of the Constitution, iner alia, provides that the State shall 
protect the weaker sections, and, particularly, the Scheduled Castes and the Scheduled 
Tribes from social injustice and all forms of exploitation; 
Anp WHEREAS the dehumanising practice of manual scavenging, arising from the 
continuing existence of insanitary latrines and a highly iniquitous caste system, still persists 
in various parts of the country, and the existing laws have not proved adequate in eliminating 
the twin evils of insanitary latrines and manual scavenging;
Short title, 
extent and 
commence- 
ment 
Definitions. 
S THE GAZETTE OF INDIA EXTRAORDINARY [ParTI— 
AND WHEREAS it is necessary to correct the historical injustice and indignity suffered 
by the manual scavengers, and to rehabilitate them to a life of dignity. 
Beit enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 
CHAPTER I 
PRELIMINARY 
1. (1) This Act may be called the Prohibition of Employment as Manual Scavengers 
and their Rehabilitation Act, 2013. 
(2) It extends to the whole of India except the State of Jammu and Kashmir. 
(3) It shall come into force on such date as the Central Government may, by notification 
in the Official Gazette, appoint: 
Provided that the date so notified shall not be earlier than sixty days after the date of 
publication of the notification in the Official Gazette. 
2. (I) In this Act, unless the context otherwise requires,— 
(a) “agency” means any agency, other than a local authority, which may 
undertake sanitation facilities in an area and includes a contractor or a firm or acompany 
which engages in development and maintenance of real estate; 
(b) “appropriate government”, in relation to Cantonment Boards, railway lands, 
and lands and buildings owned by the Central Government, a Central Public Sector 
Undertaking or an autonomous body wholly or substantially funded by the Central 
Government, means the Central Government and in all other cases, the State 
Government; 
(c) “Chief Executive Officer”, in relation to a Municipality or Panchayat, means, 
its senior-most executive officer, by whatever name called; 
(d) “hazardous cleaning” by an employee, in relation to a sewer or septic tank, 
means its manual cleaning by such employee without the employer fulfilling his 
obligations to provide protective gear and other cleaning devices and ensuring 
observance of safety precautions, as may be prescribed or provided in any other law, 
for the time being in force or rules made thereunder; 
(e) “insanitary latrine” means alatrine which requires human excreta to be cleaned 
or otherwise handled manually, either in sizu, or in an open drain or pit into which the 
excreta is discharged or flushed out, before the excreta fully decomposes in such 
manner as may be prescribed: 
Provided that a water flush latrine in a railway passenger coach, when cleaned 
by an employee with the help of such devices and using such protective gear, as the 
Central Government may notify in this behalf, shall not be deemed to be an insanitary latrine. 
(f) “local authority” means,— 
() aMunicipality or a Panchayat, as defined in clause (e) and clause (f) of 
article 243P of the Constitution, which is responsible for sanitation in its area of 
jurisdiction; 
(ii) a Cantonment Board constituted under section 10 of the Cantonments 
Act, 2006; and 
(iif) a railway authority; 
(¢g) “manual scavenger” means a person engaged or employed, at the 
commencement of this Act or at any time thereafter, by an individual or alocal authority 
or an agency or a contractor, for manually cleaning, carrying, disposing of, or otherwise 
handling in any manner, human excreta in an insanitary latrine or in an open drain or pit 
into which the human excreta from the insanitary latrines is disposed of, or on a 
41 of 2006
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 
railway track or in such other spaces or premises, as the Central Government or a State 
Government may notify, before the excreta fully decomposes in such manner as may be 
prescribed, and the expression “manual scavenging” shall be construed accordingly. 
Explanation.—For the purpose of this clause,— 
(a) “engaged or employed” means being engaged or employed on a regular 
or contract basis; 
(b) a person engaged or employed to clean excreta with the help of such 
devices and using such protective gear, as the Central Government may notify 
in this behalf, shall not be deemed to be a ‘manual scavenger’; 
() “National Commission for Safai Karmacharis” means the National Commission 
for Safai Karamcharis constituted under section 3 of the National Commission for Safai 
64 of 1993 Karmacharis Act, 1993 and continued by Resolution of the Government of India in the 
Ministry of Social Justice and Empowerment vide No.17015/18/2003-SCD-VI, dated 
24th February, 2004 and as amended from time to time; 
(i) “notification” means a notification published in the Official Gazette and the 
expression “notify” shall be construed accordingly; 
(7) “occupier”, in relation to the premises where an insanitary latrine exists, or 
someone is employed as a manual scavenger, means the person who, for the time 
being, is in occupation of such premises; 
(k) “owner”, in relation to the premises where an insanitary latrine exists or 
someone is employed as a manual scavenger, means, the person who, for the time 
being has legal title to such premises; 
(1) “prescribed” means prescribed by the rules made under this Act; 
(m) “railway authority” means an authority administering railway land, as may 
Dbe notified by the Central Government in this behalf; 
(n) “railway land” shall have the meaning assigned to it in clause (32A4) of 
24 of 1989 section 2 of the Railways Act, 1989; 
(o) “sanitary latrine” means a latrine which is not an ‘insanitary latrine’; 
(p) “septic tank” means a water-tight settling tank or chamber, normally located 
underground, which is used toreceive and hold human excreta, allowing it to decompose 
through bacterial activity; 
(g) “sewer” means anunderground conduit or pipe for carrying off human excreta, 
besides other waste matter and drainage wastes; 
(r) “State Government”, in relation to a Union territory, means the Administrator 
thereof appointed under article 239 of the Constitution; 
(s) “survey” means a survey of manual scavengers undertaken in pursuance of 
section 11 or section 14. 
(2) Words and expressions used and not defined in this Act, but defined in the 
41 of 2006 Cantonments Act, 2006, shall have the same meanings respectively assigned to them in that 
Act. 
(3) The reference to a Municipality under Chapters IV to VIII of this Act shall include 
areference to, as the case may be, the Cantonment Board or the railway authority, in respect 
of areas included within the jurisdiction of the Cantonment Board and the railway land, 
respectively.
Act to have 
overriding 
effect 
Local 
authorities to 
survey 
insanitary 
latrines and 
provide 
sanitary 
community 
latrines. 
Prohibition of 
insanitary 
latrines and 
employment 
and engage- 
ment of 
‘manual 
scavenger. 
4 THE GAZETTE OF INDIA EXTRAORDINARY [ParTI— 
3. The provisions of this Act shall have effect notwithstanding anything inconsistent 
therewith contained in the Employment of Manual Scavengers and Construction of Dry 
Latrines (Prohibition) Act, 1993 or in any other law, or in any instrument having effect by 
virtue of any other law. 
CHAPTER I 
IDENTIFICATION OF INSANITARY LATRINES 
4. (1) Every local authority shall,— 
(a) carty out a survey of insanitary latrines existing within its jurisdiction, and 
publish a list of such insanitary latrines, in such manner as may be prescribed, within 
a period of two months from the date of commencement of this Act; 
(b) give anotice to the occupier, within fifteen days from the date of publication 
of the list under clause (a), to either demolish the insanitary latrine or convert it into a 
sanitary latrine, within a period of six months from the date of commencement of this 
Act: 
Provided that the local authority may for sufficient reasons to be recorded in 
writing extend the said period not exceeding three months; 
(c) construct, within a period not exceeding nine months from the date of 
commencement of this Act, such number of sanitary community latrines as it considers 
necessary, in the areas where insanitary latrines have been found. 
(2) Without prejudice to the provisions contained in sub-section (), Municipalities, 
Cantonment Boards and railway authorities shall also construct adequate number of sanitary 
community latrines, within such period not exceeding three years from the date of 
commencement of this Act, as the appropriate Government may, by notification, specify, so 
as to eliminate the practice of open defecation in their jurisdiction. 
(3) It shall be the responsibility of local authorities to construct community sanitary 
latrines as specified in sub-sections () and (2), and also to make arrangements for their 
hygienic upkeep at all times. 
Explanation.—For the purposes of this section, “community” in relation to railway 
authorities means passengers, staff and other authorised users of railways. 
CHAPTER III 
PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT 
AS MANUAL SCAVENGER 
5. (1) Notwithstanding anything inconsistent therewith contained in the Employment 
of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, no person, 
local authority or any agency shall, after the date of commencement of this Act,— 
(a) construct an insanitary latrine; or 
(b) engage or employ, either directly or indirectly, a manual scavenger, and every 
person so engaged or employed shall stand discharged immediately from any obligation, 
express or implied, to do manual scavenging. 
(2) Every insanitary latrine existing on the date of commencement of this Act, shall 
either be demolished or be converted into a sanitary latrine, by the occupier at his own cost, 
before the expiry of the period so specified in clause (b) of sub-section () of section 4: 
Provided that where there are several occupiers in relation to an insanitary latrine, the 
liability to demolish or convert it shall lie with,— 
(a) the owner of the premises, in case one of the occupiers happens to be the 
owner; and 
46 of 1993 
46 of 1993
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 
(b) all the occupiers, jointly and severally, in all other cases: 
Provided that the State Government may give assistance for conversion of insanitary 
latrines into sanitary latrines to occupiers from such categories of persons and on such 
scale, as it may, by notification, specify: 
Provided further that non-receipt of State assistance shall not be a valid ground to 
maintain or use an insanitary latrine, beyond the said period of nine months. 
(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitary 
latrine within the period specified in sub-section (2), the local authority having jurisdiction 
over the area in which such insanitary latrine is situated, shall, after giving notice of not less 
than twenty one days to the occupier, either convert such latrine into a sanitary latrine, or 
demolish such insanitary latrine, and shall be entitled to recover the cost of such conversion 
or, as the case may be, of demolition, from such occupier in such manner as may be prescribed. 
6. (1) Any contract, agreement or other instrument entered into or executed before the 
date of commencement of this Act, engaging or employing a person for the purpose of 
manual scavenging shall, on the date of commencement of this Act, be terminated and such 
contract, agreement or other instrument shall be void and inoperative and no compensation 
shall be payable therefor. 
(2) Notwithstanding anything contained in sub-section (/), no person employed or 
engaged as a manual scavenger on a full-time basis shall be retrenched by his employer, but 
shall be retained, subject to his willingness, in employment on at least the same emoluments, 
and shall be assigned work other than manual scavenging. 
7. No person, local authority or any agency shall, from such date as the State 
Govemment may notify, which shall not be later than one year from the date of commencement 
of this Act, engage or employ, either directly or indirectly, any person for hazardous cleaning 
of a sewer or a septic tank. 
8. Whoever contravenes the provisions of section 5 or section 6 shall for the first 
contravention be punishable with imprisonment for a term which may extend to one year or 
with fine which may extend to fifty thousand rupees or with both, and for any subsequent 
contravention with imprisonment which may extend to two years or with fine which may 
extend to one lakh rupees, or with both. 
9. Whoever contravenes the provisions of section 7 shall for the first contravention be 
punishable with imprisonment for a term which may extend to two years or with fine which 
may extend to two lakh rupees or with both, and for any subsequent contravention with 
imprisonment which may extend to five years or with fine which may extend to five lakh 
rupees, or with both. 
10. No court shall take cognizance of any offence punishable under this Act except 
upon a complaint thereof is made by a person in this behalf within three months from the date 
of the occurrence of the alleged commission of the offence. 
CHAPTER IV 
IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND 
RURAL AREAS AND THEIR REHABILITATION 
11. () If any Municipality has reason to believe that some persons are engaged or 
employed in manual scavenging within its jurisdiction, the Chief Executive Officer of such 
Municipality shall cause a survey to be undertaken to identify such persons. 
(2) The content and methodology of the survey referred to in sub-section (1) shall be 
such as may be prescribed, and it shall be completed within a period of two months from its 
commencement in the case of Municipal Corporations, and within a period of one month in 
the case of other Municipalities. 
Contract, 
agreement, 
etc.. to be 
void 
Prohibition of 
persons from 
engagement or 
employment 
for hazardous 
cleaning of 
sewers  and 
septic tanks. 
Penalty  for 
contravention 
of section 5 or 
section 6. 
Penalty  for 
contravention 
of section 7. 
Limitation of 
prosecution 
Survey of 
‘manual 
scavengers in 
wban areas by 
Municipalities
Application 
by an urban 
‘manual 
scavenger for 
identification. 
Rehabilita- 
tion of 
persons 
identified as 
‘manual 
scavengers 
by a Munici- 
pality. 
6 THE GAZETTE OF INDIA EXTRAORDINARY [ParTI— 
(3) The Chief Executive Officer of the Municipality, in whose jurisdiction the survey is 
undertaken, shall be responsible for accurate and timely completion of the survey. 
(4) After completion of the survey, the Chief Executive Officer shall cause to be drawn 
up a provisional list of persons found to be working as manual scavengers within the 
jurisdiction of his Municipality and fulfilling the eligibility conditions as may be prescribed, 
shall cause such provisional list to be published for general information in such manner, as 
may be prescribed, and shall invite objections to the list from the general public. 
(5) Any person having any objection, either to the inclusion or exclusion of any name 
in the provisional list published in pursuance of sub-section (<), shall, within a period of 
fifteen days from such publication, file an objection, in such form as the Municipality may 
notify, to the Chief Executive Officer. 
(6) All objections received in pursuance of sub-section (5), shall be enquired into, and 
thereafter a final list of persons found to be working as manual scavengers within the local 
limits of the municipality, shall be published by it in such manner, as may be prescribed. 
(7) As soon as the final list of manual scavengers, referred to in sub-section (6) is 
published, the persons included in the said list shall, subject to the provisions of 
sub-section (2) of section 6, stand discharged from any obligation to work as manual scavengers. 
12. (1) Any person working as a manual scavenger in an urban area, may, either during 
the survey undertaken by the Municipality in pursuance of section 11, within whose 
jurisdiction he works, or at any time thereafter, apply, in such manner, as may be prescribed, 
to the Chief Executive Officer of the Municipality, or to any other officer authorised by him in 
this behalf, for being identified as a manual scavenger. 
(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall 
cause it to be enquired into, either as part of the survey undertaken under section 11, or, 
when no such survey is in progress, within fifteen days of receipt of such application, to 
ascertain whether the applicant is a manual scavenger. 
(3) If an application is received under sub-section (1) when a survey under section 11 
is not in progress, and is found to be true after enquiry in accordance with sub-section (2), 
action shall be taken to add the name of such a person to the final list published under 
sub-section (6) of section 11, and the consequences mentioned in sub-section (7) thereof 
shall follow. 
13. (1) Any person included in the final list of manual scavengers published in pursuance 
of sub-section (6) of section 11 or added thereto in pursuance of sub-section (3) of section 12, 
shall be rehabilitated in the following manner, namely:— 
(a) he shall be given, within one month,— 
(i) a photo identity card, containing, inter alia, details of all members of 
his family dependent on him, and 
(ii) such initial, one time, cash assistance, as may be prescribed; 
(b) his children shall be entitled to scholarship as per the relevant scheme of the 
Central Government or the State Government or the local authorities, as the case may be; 
(c) he shall be allotted a residential plot and financial assistance for house 
construction, or a ready-built house, with financial assistance, subject to eligibility 
and willingness of the manual scavenger, and the provisions of the relevant scheme of 
the Central Government or the State Government or the concemed local authority; 
(d) he, or at least one adult member of his family, shall be given, subject to 
eligibility and willingness, training in a livelihood skill, and shall be paid a monthly 
stipend of not less than three thousand rupees, during the period of such training; 
(e) he, or at least one adult member of his family, shall be given, subject to
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 
eligibility and willingness, subsidy and concessional loan for taking up an alternative 
occupation on a sustainable basis, in such manner as may be stipulated in the relevant 
scheme of the Central Government or the State Government or the concerned local 
authority; 
(f) he shall be provided such other legal and programmatic assistance, as the 
Central Government or State Government may notify in this behalf. 
(2) The District Magistrate of the district concerned shall be responsible for 
rehabilitation of each manual scavenger in accordance with the provisions of sub-section (1) 
and the State Government or the District Magistrate concerned may, in addition, assign 
responsibilities in his behalf to officers subordinate to the District Magistrate and to officers 
of the concerned Municipality. 
14.If any Panchayat has reason to believe that some persons are engaged in manual 
scavenging within its jurisdiction, the Chief Executive Officer of such Panchayat shall cause 
a survey of such manual scavengers to be undertaken, nutatis mutandis, in accordance with 
the provisions of section 11 and section 12, to identify such person. 
15. (1) Any person working as a manual scavenger, in a rural area, may, either during 
the survey undertaken by the Panchayat within whose jurisdiction he works, in pursuance of 
section 14 or at any time thereafter, apply, in such manner, as may be prescribed, to the Chief 
Executive Officer of the concerned Panchayat, or to any other officer authorised by him in 
this behalf, for being identified as a manual scavenger. 
(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall 
cause it to be enquired into, either as part of the survey undertaken under section 14 or when 
no such survey is in progress, within fifteen days of receipt of such application, so as to 
ascertain whether the applicant is a manual scavenger. 
16. Any person included in the final list of manual scavengers, published in pursuance 
of section 14 or added thereto in pursuance of sub-section (2) of section 15 shall be 
rehabilitated, muratis mutandis, in the manner laid down for urban manual scavengers in 
section 13. 
CHAPTERV 
IMPLEMENTING AUTHORITIES 
17. Notwithstanding anything contained in any other law for the time being in force, it 
shall be the responsibility of every local authority to ensure, through awareness campaign 
or in such other manner that after the expiry of a period of nine months, from the date of 
commencement of this Act,— 
(i) no insanitary latrine is constructed, maintained or used within its jurisdiction; 
and 
(ii) in case of contravention of clause (f), action is taken against the occupier 
under sub-section (3) of section 5. 
18. The appropriate Government may confer such powers and impose such duties on 
local authority and District Magistrate as may be necessary to ensure that the provisions of 
this 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 all 
or any of the duties, so conferred or imposed, and the local limits within which such powers 
or duties shall be carried out by the officer or officers so specified. 
19. The District Magistrate and the authority authorised under section 18 or any other 
subordinate officers specified by them under that section shall ensure that, after the expiry 
of such period as specified for the purpose of this Act,— 
(a) no person is engaged or employed as manual scavenger within their 
jurisdiction; 
Survey of 
‘manual 
scavengers in 
mural areas by 
Panchayats 
Application 
by a rural 
‘manual 
scavenger for 
identification. 
Rehabilitation 
of persons 
identified as 
‘manual 
scavengers by 
a Panchayat 
Responsibility 
of local 
authorities to 
ensure 
elimination of 
insanitary 
latrines. 
Authorities 
who may be 
specified for 
implementing 
provisions of 
this Act. 
Duty of 
District 
Magistrate 
and authorised 
officers
Appointment 
of inspectors 
and their 
powers. 
Offences to 
De tried by 
Executive 
Magistrate. 
Offence to be 
cognizable 
and non- 
bailable 
8 THE GAZETTE OF INDIA EXTRAORDINARY [ParTI— 
(b) no one constructs, maintains, uses or makes available for use, an insanitary 
latrine; 
(c) manual scavengers identified under this Act are rehabilitated in accordance 
with section 13, or as the case may be, section 16; 
(d) persons contravening the provisions of section 5 or section 6 or section 7 
are investigated and prosecuted under the provisions of this Act; and 
(e) all provisions of this Act applicable within his jurisdiction are duly complied 
with. 
20. (1) The appropriate Government may, by notification, appoint such persons as it 
thinks fit to be inspectors for the purposes of this Act, and define the local limits within 
which they shall exercise their powers under this Act. 
(2) Subject to any rules made in this behalf, an inspector may, within the local limits of 
his 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 an 
inspection of any premises or place, where he has reason to believe that an offence 
under this Act has been or is being or is about to be committed, and to prevent 
employment of any person as manual scavenger; 
(b) examine any person whom he finds in such premises or place and who, he has 
reasonable cause to believe, is employed as a manual scavenger therein, or is otherwise 
in a position to furnish information about compliance or non-compliance with the 
provisions of this Act and the rules made thereunder; 
(c) require any person whom he finds on such premises, to give information 
which is in his power to give, with respect to the names and addresses of persons 
employed on such premises as manual scavenger and of the persons or agency or 
contractor employing or engaging them; 
(d) seize or take copies of such registers, record of wages or notices or portions 
thereof as he may consider relevant in respect of an offence under this Act which he 
has reason to believe has been committed by the principal employer or agency; and 
(e) exercise such other powers as may be prescribed. 
(3) Any person required to produce any document or thing or to give any information 
required by an inspector under sub-section (2) shall be deemed to be legally bound to do so 
within the meaning of section 175 and section 176 of the Indian Penal Code. 
(4) The provisions of the Code of Criminal Procedure, 1973, shall, so far as may be, 
apply to any such search or seizure under sub-section (2) as they apply to such search or 
seizure made under the authority of a warrant issued under section 94 of the said Code. 
CHAPTER VI 
PROCEDURE FOR TRIAL 
21.(1) The State Government may confer, on an Executive Magistrate, the powers of a 
Judicial Magistrate of the first class for the trial of offences under this Act; and, on such 
conferment of powers, the Executive Magistrate, on whom the powers are so conferred, shall 
be deemed, for the purposes of the Code of Criminal Procedure, 1973, to be a Judicial Magistrate 
of the first class. 
(2) An offence under this Act may be tried summarily. 
22. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 
every offence under this Act shall be cognizable and non-bailable. 
45 of 1860, 
2 of 1974, 
2 of 1974, 
2 of 1974,
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9 
23. (1) Where an offence under this Act has been committed by a company, every 
person who, at the time the offence was committed, was in charge of, and was responsible to, 
the company for the conduct of the business of the company, as well as the company, shall 
be deemed to be guilty of the offence and shall be liable to be proceeded against and 
punished accordingly. 
(2) Notwithstanding anything contained in sub-section (1), where any offence under 
this Act has been committed by a company and it is proved that offence has been committed 
with the consent or connivance of, or is attributable to, any neglect on the part of, any 
director, manager, secretary or other officer of the company, such director, manager, secretary 
or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded 
against and punished accordingly. 
Explanation.—For the purposes of this section,— 
(a) “company” means any body corporate and includes a firm or other association 
of individuals; and 
(b) “director” in relation to a firm, means a partner in the firm. 
CHAPTER VII 
'VIGILANCE COMMITTEES 
24. (1) Every State Government shall, by notification, constitute a Vigilance Committee 
for each district and each Sub-Division. 
(2) Each Vigilance Committee constituted for a district shall consist of the following 
members, namely:— 
(a) the District Magistrate—Chairperson, ex officio; 
(b) all members of the State Legislature belonging to the Scheduled Castes 
elected from the district—members: 
Provided that if a district has no member of the State Legislature belonging to 
the Scheduled Castes, the State Government may nominate such number of other 
members of the State Legislature from the district, not exceeding two, as it may deem 
appropriate. 
(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 the 
district; 
(f) not more than four social workers belonging to organisation working for the 
prohibition of manual scavenging and rehabilitation of manual scavengers, or, 
representing the scavenger community, resident in the district, to be nominated by the 
District Magistrate, two of whom shall be women; 
(g) one person to represent the financial and credit institutions in the district, to 
be nominated by the District Magistrate; 
(h) the district-level officer in-charge of the Scheduled Castes Welfare— 
Member-Secretary, ex officio; 
Offences by 
companies 
Vigilance 
Committees.
10 THE GAZETTE OF INDIA EXTRAORDINARY [ParTI— 
(i) district-level officers of Departments and agencies who, in the opinion of the 
District Magistrate, subject to general orders, if any, of the State Government, have a 
significant role to play in the implementation of this Act. 
(3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of the 
following members, namely:— 
(a) the Sub-Divisional Magistrate—Chairperson, ex officio; 
(b) the Chairpersons and the Chief Executive Officers of Panchayats at 
intermediate level of the Sub-Division, and where Panchayats atintermediate level, do 
not exist, Chairpersons from two Panchayats at Village level to be nominated by the 
Sub-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 prohibition 
of manual scavenging and rehabilitation of the manual scavengers, or representing the 
scavenger community resident in the Sub-Division, to be nominated by the District 
Magistrate, one of whom shall be a woman; 
(g) one person to represent the financial and credit institutions in the 
Sub-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 opinion 
of the Sub-Divisional Magistrate, subject to any general orders of the State Government 
or the District Magistrate, have a significant role to play in the implementation of this 
Act—member, ex officio. 
(4) Each Vigilance Committee constituted at district and Sub-Divisional level shall 
meet at least once in every three months. 
(5) No proceeding of a Vigilance Committees shall be invalid merely by reason of any 
defect in its constitution. 
Functions of 25.The functions of Vigilance Committee shall be— 
Vigilance . L . PR Committee. (a) to advise the District Magistrate or, as the case may be, the Sub-Divisional 
Magistrate, on the action which needs to be taken, to ensure that the provisions of this 
Act 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 concemed 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 investigation 
and prosecution.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 
26. (1) Every State Government shall, by notification, constitute a State Monitoring 
Committee, 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 other 
Department, as the State Government may notify; 
(c) Chairperson of the State Commissions for Safai Karamcharis, and Scheduled 
Castes, if any— member, ex officio; 
(d) representatives of the National Commission for Scheduled Castes, and Safai 
Karamcharis—member, ex officio; 
(e) not less than two members of the State Legislature belonging to the Scheduled 
Castes, nominated by the State Government: 
Provided that if any State Legislature has no member belonging to the 
Scheduled Castes, the State Government may nominate the members belonging to the 
Scheduled Tribes; 
(f) the Director-General of Police— member, ex officio; 
(g) Secretaries to the State Government in the Departments of Home, Panchayati 
Raj, Urban Local Bodies, and such other Departments, as the State Government may notify; 
(h) Chief Executive Officer of at least one Municipal Corporation, Panchayat at 
the district-level, Cantonment Board and railway authority as the State Government 
may notify; 
(i) not more than four social workers belonging to organisation working for the 
prohibition of manual scavenging and rehabilitation of manual scavengers, or, 
representing the scavenger community, resident in the State, to be nominated by the 
State 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 with 
development of the Scheduled Castes—Member-Secretary, ex officio; 
(1) such other representative of Departments of the State Government and such 
other agencies which, in the opinion of the State Government, are concerned with the 
implementation of this Act. 
(2) The State Monitoring Committee shall meet at least once in every six months and 
shall observe such rules of procedure in regard to the transaction of business at its meetings 
as may be prescribed. 
27. The functions of the State Monitoring Committee shall be— 
(a) to monitor and advise the State Government and local authorities for effective 
implementation 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 for 
implementation of this Act. 
28. Every State or Union territory Government and Union territory administration shall 
send such periodic reports to the Central Government about progress of implementation of 
this Act, as the Central Government may require. 
29. (1) The Central Government shall, by notification, constitute a Central Monitoring 
Committee in accordance with the provisions of this section. 
State 
Monitoring 
Committee 
Functions of 
the State 
Monitoring 
Committee 
Duty of 
States or 
Union 
territories to 
send periodic 
reports to the 
Central 
Government 
Central 
Monitoring 
Committee
12 THE GAZETTE OF INDIA EXTRAORDINARY [ParTI— 
(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 the 
Scheduled Castes—member, ex officio; 
(f) three elected members of Parliament belonging to Scheduled Castes, two from 
the Lok Sabha and one from the Rajya Sabha; 
(g) Secretaries of the Ministries of,— 
(i) Social Justice and Empowerment, Department of Social Justice and 
Empowerment; 
(ii) Urban Development; 
(iif) 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; 
(1) 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 the 
prohibition of manual scavenging and rehabilitation of manual scavengers, or, 
representing the scavenger community, resident in the country, to be nominated by 
the Chairperson, two of whom shall be women; 
(1) Joint Secretary, Department of Social Justice and Empowerment in the 
Ministry of Social Justice and Empowerment, looking after development of Scheduled 
Castes—Member-Secretary, ex officio; 
(m) such other representatives of Central Ministries or Departments and agencies 
which, in the opinion of the Chairperson, are concerned with the implementation of 
this Act. 
(3) The Central Monitoring Committee shall meet at least once in every six months. 
Functions of 30. The functions of the Central Monitoring Committee shall be,— 
the Central . . Monitoring (a) to monitor and advise the Central Government and State Government for 
Committee effective 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 implementation 
of this Act.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13 
31.(I) The National Commission for Safai Karamcharis shall perform the following 
functions, namely:— 
(a) to monitor the implementation of this Act; 
(b) to enquire into complaints regarding contravention of the provisions of this 
Act, and to convey its findings to the concerned authorities with recommendations 
requiring further action; and 
(c) to advise the Central and the State Governments for effective implementation 
of the provisions of this Act. 
(d) to take suo moru notice of matter relating to non-implementation of this Act. 
(2) In the discharge of its functions under sub-section (), the National Commission 
shall have the power to call for information with respect to any matter specified in that sub- 
section from any Government or local or other authority. 
32.(I) The State Government may, by notification, designate a State Commission for 
Safai Karamcharis or a State Commission for the Scheduled Castes or such other statutory or 
other authority, as it deems fit, to perform, within the State, muzatis mutandis, the functions 
specified in sub-section (1) of section 31. 
(2) An authority designated under sub-section (Z) shall, within the State, have, 
mutatis mutandis, the powers of the National Commission for Safai Karamcharis as specified 
in sub-section (2) of section 31. 
CHAPTER VIII 
MISCELLANEOUS 
33. (1) It shall be the duty of every local authority and other agency to use appropriate 
technological appliances for cleaning of sewers, septic tanks and other spaces within their 
control with a view to eliminating the need for the manual handling of excreta in the process 
of their cleaning. 
(2) It shall be the duty of the appropriate Government to promote, through financial 
assistance, incentives and otherwise, the use of modem technology, as mentioned in sub- 
section (I). 
34. No suit, prosecution or other legal proceeding shall lie against an appropriate 
Government or any officer of the appropriate Government or any member of the Committee 
for anything which is in good faith done or intended to be done under this Act. 
35. No civil court shall have jurisdiction in respect of any matter to which any provision 
of 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. 
36. (1) The appropriate Government shall, by notification, make rules for carrying out 
the provisions of this Act, within a period not exceeding three months from the date of 
commencement of this Act. 
(2) In particular, and without prejudice to the generality of the foregoing power, such 
rules may provide for all or any of the following matters, namely:— 
(a) the obligation of an employer, under clause (d) of sub-section (1) of 
section 2; 
(b) the manner in which the excreta fully decomposes under clauses (¢) and (g) 
of sub-section (1) of section 2; 
(c) the manner of carrying out survey of insanitary latrine and publishing list 
thereof under clause (a) of sub-section (1) of section 4; 
(d) procedure of giving notice and recovering cost of demolition of an insanitary 
latrine under sub-section (3) of section 5; 
(e) content and methodology of the survey under sub-section (2) of section 11; 
Functions of 
National 
Commission 
for Safai 
Karamcharis 
Power of 
State 
Government 
to designate 
an appropri- 
ate authority 
to monitor 
the imple- 
mentation of 
this Act 
Duty of local 
authorities 
and other 
agencies to 
use modern 
technology 
for cleaning 
of sewers, etc. 
Protection of 
action taken 
in good faith 
Jurisdiction of 
civil courts 
Darred. 
Power of 
appropriate 
Government 
to make rules.
Power of 
Central 
Government 
to make model 
rules. 
Power to 
remove 
difficulties. 
14 THE GAZETTE OF INDIA EXTRAORDINARY [ParTI— 
(f) the eligibility conditions foridentification of manual scavengers and publication 
of 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 scavengers 
under sub-section (6) of section 11; 
(h) manner of application to be made to the Chief Executive Officer of the 
municipality, or to an officer authorised by him in this behalf, under sub-section (1) of 
section 12 or, as the case may be, sub-section (Z) of section 15; 
(i) provision of initial, one time, cash assistance under sub-clause (i7) of clause 
(a) of sub-section (1) of section 13; 
(7) such other powers of Inspectors under clause (e) of sub-section (2) of section 
20; 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 may 
be afteritis 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 more successive sessions, andif, before 
the expiry of the session immediately following the session or the successive sessions aforesaid, 
Dboth Houses agree in making any modification in the rule or both Houses agree that the rule 
should not be made, the rule shall thereafter have effect only in such modified form or be of no 
effect, as the case may be; so, however, that any such modification or annulment shall be without 
prejudice 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 be 
after it is made, be laid before each House of State Legislature, where there are two Houses 
and where there is one House of State Legislature, before that House. 
37. (I) Notwithstanding anything contained in section 36 of this Act:— 
(a) the Central Government shall, by notification, publish model rules for the 
guidance and use of State Governments; and 
(b) in case the State Government fails to notify the rules under section 36 of this 
Act within the period of three months specified therein, then th

Excerpt shown. Open the full act in Lexace.

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