LexThe KARNATAKA STATE COMMISSION FOR SAFAI KARMACHARIS ACT, 2012
Karnataka · state statute
Open in Lexace · Ask the AI about this actKARNATAKA ACT NO. 2 OF 2013
THE KARNATAKA STATE COMMISSION FOR SAFAI KARMACHARIS ACT, 2012
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
CHAPTER - I
PRELIMINARY
1. Short title and commencement
2. Definitions
CHAPTER – II
STATE COMMISSION FOR SAFAI KARMACHARIS
3. Constitution of the Commission
4. Term of office and conditions of service of the Chairperson and Member
5. Staff of the Commission
6. Vacancy, etc., not to invalidate the proceedings of the Commission
7. Procedure to be regulated by the Commission
CHAPTER - III
FUNCTIONS AND POWERS OF THE COMMISSION
8. Functions of the Commission
9. Powers of the Commission
CHAPTER - IV
FINANCE, ACCOUNTS AND AUDIT
10. Grants by the State Government
11. Accounts and audit
CHAPTER - V
MISCELLANEOUS
12. Chairperson and Members and staff of the Commission to be the public servants
13. Annual Report
14. Annual report to be laid before State Legislature
15. Delegation of powers
16. Protection of action taken in good faith
17. Power to make rules
18. Power to remove difficulties
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STATEMENT OF OBJECTS AND REASONS
Act 2 of 2013.- It is considered necessary to establish a State Commission to ensure welfare
measures to Safai Karmacharis to reform the following functions namely:-
(1) to make recommendations to the State Government specific programs of action towards
elimination of inequalities in status, fac ilities and opportunities for Safai Karmacharis under a time-
bound action plan;
(2) to study and evaluate the implementation of the programs and schemes relating to the
social and economic rehabilitation of Safai Karmacharis and make recommendation to the State
Government for co-ordination and implementation of such programs and schemes;
(3) to enquire into specific grievances and take notice of matters relating to non-
implementation of,-
(i) programs or schemes in respect of any group of Safai Karmacharis;
(ii)decisions, guidelines or instructions, aimed at mitigating the hardship of Safai Karmacharis;
(iii) measures for the social and economic upliftment of Safai Karmacharis;
(iv) the provisions of any law in its application to Safai Karmacharis and take up such matters
with the concerned authorities.
(4) to make periodical reports to the State Government on any matter relating to welfare of
Safai Karmacharis, taking into account any difficulties or disabilities being encountered by Safai
Karmacharis; and
(5) to look into any other matter which may be referred to it by the State Government.
and Certain other consequential provisions are also made
Hence, the Bill.
[L.A. Bill No.39 of 2012, File No. Samvyashae 50 Shasana 2012]
[Entry 5 of List II of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 2 OF 2013
(First published in the Karnataka Gazette Extra-ordinary on the
fourth day of January , 2013)
THE KARNATAKA STATE COMMISSION FOR SAFAI KARMACHARIS ACT, 2012
(Received the assent of the Governor on the third day of January, 2013)
An Act to constitute the Karnataka State Commission for Safai Karmacharis.
Whereas it is expedient to constitute a Commission for the Safai Karmacharis and for matters
connected therewith or incidental thereto;
Be it enacted by Karnataka State Legislature in the Sixty third year of the Republic of India as
follows:-
CHAPTER - I
PRELIMINARY
1. Short title and commencement. - (1) This Act may be called the Karnataka State
Commission for Safai Karmacharis Act, 2012.
(2) It shall come into force on such date as the State Government may, by notification,
appoint.
This Act has came into force w.e.f. 12.05.2014. by Notification No. ¸ÀPÀE 80 J¸ïr¹ 2014, Dated: 12.05.2014.
(See the text of the notification at the end of the Act)
2. Definitions. In this Act, unless the context otherwise requires,.-
(1) "Chairperson" means the Chairperson of the Karnataka State Commission for Safai
Karmacharis;
(2) "Commission" means the Karnataka State Commission for Safai Karmacharis
constituted under section 3;
(3) "Member" means a Member of the Commission;
(4) "prescribed" means prescribed by rules made under this Act;
(5) "Safai Karmachari" means a person engaged in, or employed for, manually carrying
human excreta or any sanitation work;
CHAPTER – II
STATE COMMISSION FOR SAFAI KARMACHARIS
3. Constitution of the Commission. - (1) The State Government shall, by notification i n the
Official Gazette, constitute a Commission to be known as the Karnataka State Commission for Safai
Karmacharis to exercise the powers conferred on, and to perform the functions assigned to it under
this Act consisting of the following, namely:-
(i) A Chairperson to be nominated by State Government who in its opinion is a
person having knowledge and associated with the socio- economic development
and welfare of Safai Karmacharis;
(ii) Two members out of whom one shall be a women to be nominated by the State
Government who in its opinion is a person having knowledge and associated with
the socio-economic development and welfare of Safai Karmacharis.
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(2) The Head quarters of the Commission shall be at Bangalore.
4. Term of office and conditions of serv ice of the Chairperson and Member.- (1) Subject
to the pleasure of the State Government, the Chairperson and every Member shall hold office for
such period not exceeding three years as may be specified by the State Government in this behalf.
(2) The Chairperson or a Member may, at any time by giving notice in writing under his
signature, addressed to the State Government, resign from the office of the Chairperson or the
Member, as the case may be.
(3) The State Government may by order, remove from office, t he Chairperson or any Member
if the chairperson or such member, as the case may be,-
(a) becomes an un discharged insolvent; or
(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of
the State Government, involves moral turpitude; or
(c) is of unsound mind and stands so declared by a competent court of law; or
(d) refuses to act or becomes incapable of so acting; or
(e) without obtaining leave, absents himself from the commission or absents from three
consecutive meetings of the commission; or
(f) in the opinion of the State Government has so abused the position of Chairperson or
Member so as to render that person's continuance in office detrimental to the
interest of Safai Karmacharis in the public interest:
Provided that no person shall be so removed under this clause unless that person has been
given a reasonable opportunity of being heard in the matter.
(4) A vacancy caused under sub- section (2) or otherwise, shall be filled by fresh nomination,
by the State Government.
(5) The salaries and allowances payable to and other terms and conditions of service of the
Chairperson, and Members shall be such as may be prescribed.
5. Staff of the Commission. - The State Government shall provide the Commission with
such officers and employees who are Government Servants as may be required for the proper
functioning of the Commission under this Act. The strength and terms and conditions of the Officers
and the employees of the Commission shall be such as may be prescribed.
6. Vacancy, etc., not to invalidate the proceedings of the Commission. - No act or
proceeding of the Commission shall be questioned or shall be invalid merely on the ground of the
existence of any vacancy or defect in the constitution of the commission.
7. Procedure to be regulated by the Commission.- (1) The Commission shall meet at such
time and place as the Chairperson may think fit.
(2) Subject to the provisions of this Act and the rules made thereunder, the commission shall
have the power to regulate its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by the Chairperson or
any other officer of the Commission duly authorised by the Chairperson in this behalf.
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CHAPTER - III
FUNCTIONS AND POWERS OF THE COMMISSION
8. Functions of the Commission .-(1) The Commission shall perform all or any of the
following functions, namely: -
(a) recommend to the State Government specific programs of action towards elimination
of inequalities in status, facilities and opportunities for Safai Karmacharis under a time-
bound action plan;
(b) to study and evaluate the implementation of the programs and schemes relating to the
social and economic rehabilitation of Safai Karmacharis and make recommendations
to the State Government for Co- ordination and implementation of such programs and
schemes;
(c) to enquire in to specific grievances and take notice of matters relating to non-
implementation of,-
(i) programs or schemes in respect of any group of Safai Karmacharis;
(ii) decisions, guidelines or instructions, aimed at mitigating the hardship of Safai
Karmacharis;
(iii) measures for the social and economic upliftment of Safai Karmacharis;
(iv) the provisions of any law in its application to Safai Karmacharis and take up such
matters with the concerned authorities.
(d) to make periodical reports to the State Government on any matter relating to Safai
Karmacharis, taking into account any difficulties or disabilities being encountered by
Safai Karamcharis;
(e) any other matter which may be referred to it by the State Government.
(2) In the discharge of its functions under sub -section (1), the Commission shall have power
to call for information with respect to any matter specified in that sub- section from State Government
departments and its agencies/Corporations and local bodies.
9. Powers of the Commission. - The Commission shall while investigating /enquiring any
matter under section 8, have all the powers of civil 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 the state
and examining him on oath.
(ii) discovery and production of any documents and witness.
(iii) receiving any evidence on affidavits.
(iv) requisitioning for any public record or copy there of from any court or office,
(v) any other matter which may be prescribed.
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CHAPTER - IV
FINANCE, ACCOUNTS AND AUDIT
10. Grants by the State Government. - (1) The State Government shall after due
appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of
grants such sums of money as the State Government may think fit, for being utilized for the purposes
of this Act.
(2) The Commission may spend such sums out of the grants as it thinks fit for performing the
functions under this Act, and such sums shall be treated as expenditure payable out of the grants
referred to in sub-section (1).
11. Accounts and audit. - (1) Accounts of income and expenditure of the Commission shall
be kept in accordance with such rules, as may be prescribed.
(2) The Commission shall prepare an annual statement of accounts in such form as may be
prescribed.
(3) The accounts of the Commission shall be audited annually by such auditor as the State
Government may appoint.
(4) The auditor shall, for the purposes of audit have access to all the accounts and other
records of the Commission.
(5) The Commission shall pay out of the grant such charges for the audit, as may be
prescribed.
(6) As soon as after the receipt of the report from the auditor, the Commission shall send a
copy of the annual statement of accounts, together with a copy of the report of the auditor to the
State Government and shall cause to be published the annual statement of accounts in su ch manner
as may be prescribed.
(7) After receipt of the audit report the State Government shall take necessary steps to lay the
report before both houses of state Legislature.
(8) The State Government may, after perusal of the auditor report give such directions as it
thinks fit to the Commission and the Commission shall comply with such directions.
CHAPTER - V
MISCELLANEOUS
12. Chairperson and Members and staff of the Commission to be the public servants. -
The Chairperson, every Members, of the C ommission and every officers appointed or authorized by
the commission to exercise functions under this Act, shall be deemed to be public servants within
the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
13. Annual Report. - 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 State Government.
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14. Annual report to be laid before State Legislature. - The State Government shall cause
the annual report to be laid before each House of State Legislature along with the memorandum
explaining the action taken or proposed to be taken on the recommendations of the Commission and
the reasons for non-acceptance of the recommendations, if any.
15. Delegation of powers. - The Commission may, by general or special order, delegate to
the Chairperson or any Member or to any officer of the Commission subject to such condi tions and
limitations, if any as may be specified therein, such of its powers and duties under this Act as it may
deem fit.
16. Protection of action taken in good faith. No suit, prosecution or other legal proceeding
shall lie against the State Government , Commission, Chairperson, Members or any officer or other
employee of the Commission for anything which is done in good faith or intended to be done under
this Act.
17. Power to make rules. - (1) The State Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules
may provide for all or any of the following matters, namely:--
(i) salaries and allowances payable t o, and the other terms and conditions of service
of, the Chairperson, and Members under sub- section (5) of section 4 and the
officers and other employees of the Commission under section 5;
(ii) the form in and the time at which the annual report shall be prepared under section
13.
(iii) any other matter which is required to be, or as the case may be, to be made or
prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before
both the House of State Legislature w hile 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 immediately following the session or the successive sessions aforesaid, both House s 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.
18. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions
of this Act, the State Government, may by order published in the official gazette make such
provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient
for removing difficulty:
Provided that no such order shall be made after expiry of the period of two years from the
date of commencement of this Act.
(2) Every order made under this section shall as soon as may be after it is made, be laid
before both the houses of State Legislature.
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Constitution of India.
H.R. BHARDWAJ
GOVERNOR OF KARNATAKA
By order and in the name of the Governor of Karnataka,
G.K. BOREGOWDA
Secretary to Government
Department of Parliamentary Affairs and Legislation
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