LexThe Maharashtra State Commission for Safai Karmacharis Act, 1997.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1997 : Mah. XLIV] 1
THE MAHARASHTRA STATE COMMISSION FOR SAFAI
KARMACHARIS ACT, 1997
[Text as on 5th November 2024]
________________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and duration.
2. Definitions.
CHAPTER II
COMMISSION FOR SAFAI KARMACHARIS
3. Constitution of Commission and its headquarters.
4. Term of office and conditions of service of Chairperson, Vice-Chairperson and Members.
5. Officers and other employees of Commission.
6. Vacancy, etc. not to invalidate proceedings of Commission.
7. Procedure to be regulated by Commission.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
8. Functions and powers of Commission.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT REPORT
9. Grants by State Government.
10. Accounts and audit.
CHAPTER V
MISCELLANEOUS
11. Chairperson, Vice-Chairperson, Members and staff of Commission to be public servants.
12. State Government to consult Commission.
13. Annual Report.
14. Annual Report to be laid before Legislative Assembly.
15. Delegation of Powers.
16. Protection of action taken in good faith.
17. Power to make rules.
2 The Maharashtra State Commission for Safai [1997 : Mah. XLIV
Karmacharis Act, 1997
1997 : Mah. XLIV] The Maharashtra State Commission for Safai 3
Karmacharis Act, 1997
MAHARASHTRA ACT No. XLIV OF 19971
[THE MAHARASHTRA STATE COMMISSION FOR SAFAI KARMACHARIS ACT, 1997.]
[This Act received the assent of the Governor on the 30th November 1997; assent was first published,
in the Maharashtra Government Gazette, Extraordinary, Part IV, on the 8th December 1997.]
An Act to constitute a State Level Commission for Safai Karmacharis and
to provide for matters connected therewith or incidental thereto.
WHEREAS it is expedient to enact a special law for upliftment, liberation, rehabilitation and
monitoring of various welfare schemes in the State of Maharashtra by establishing the State Level
Commission for Safai Karmacharis; It is hereby enacted in the Fo rty-eighth Year of the Republic of
India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and duration. — (1) This Act may be called the
Maharashtra State Commission for Safai Karmacharis Act, 1997.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
(4) The term of the Commission shall be for a period of five years:
Provided that the State Government may, reduce the said term or extend the term of the
Commission as deemed proper.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Chairperson” means the Chairperson of the Commission;
(b) “Commission ” means the Maharashtra State Commission for Safai Karmacharis
constituted under section 3;
(c) “Member” means a member of the Commission;
(d) “prescribed” means prescribed by rules made under this Act;
(e) “Safai Karmachari” means a person engaged in, or employed for, manually carrying
human excreta or any sanitation work;
(f) “Vice-Chairman” means Vice-Chairman of the Commission.
CHAPTER II
COMMISSION FOR SAFAI KARMACHARIS
3. Constitution of Commission and its headquarters. — (1) The State Government may, by
notification in the Official Gazette , constitute3 a body to be known as the Maharashtra State
Commission for Safai Karmacharis to exercise the powers conferred and to perform the functions
assigned to it, under this Act.
(2) The Commission shall consist of,—
1 For Statement of Objects and Reasons of the L. A. Bill No. XLVIII of 1997, see Maharashtra Government Gazette 1997,
Extraordinary No. 34, Part V-A, dated the 21st July 1997, page 440.
2 12th March 1998 (vide G. N., MIS-1095/CR-98/BCWI, dated the 12th March 1998.
3 The Maharashtra State Commission for Safai Karmacharis has been constituted—see Maharashtra Government Gazette,
1998, Part IV-B, Page 1793, (vide G. N., S.W.C.A., and No. MIS-1095/CR-98/BCW-1, dated the 12th March 1998).
4 The Maharashtra State Commission for Safai [1997 : Mah. XLIV
Karmacharis Act, 1997
(a) the Chairperson;
(b) the Vice-Chairperson; and
(c) five Members,
to be nominated, by the State Government from amongst the persons engaged in social,
economic, educational development and welfare of Safai Karmacharis:
Provided that at least one of the Members shall be a woman.
(3) The head quarters of the Commission shall be at a place as may be declared by the State
Government, by notification1 in the Official Gazette.
4. Term of office and conditions of servic e of Chairperson, Vice -Chairperson and
Members.— (1) The Chairperson, the Vice -Chairperson and every Member shall hold office for such
a period, not exceeding three years, as may be specified by the State Government in this behalf.
(2) The Chairperson, Vice-Chairperson or a Member may, by notice in writing addressed to State
Government, resign from the office of the Chairperson, the Vice -Chairperson or as the case may be, of
a Member at any time.
(3) The State Government shall remove the person from the office of the Chairperson, the
Vice-Chairperson or a Member if that person,—
(a) becomes an un-discharged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the
State Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
(d) refuses to act or becomes incapable of acting or discharging his duties;
(e) is, without obtaining leave of absence from the Commission, absent from three
consecutive meetings of the Commission; or
(f) in the opinion of the State Government, has so abused the position of the Chairperson,
the Vice -Chairperson or a Member, as to render that person’s continuance in such office
detrimental to the public interest:
Provided that no person shall be removed under this clause until that person has been given a
reasonable opportunity of being heard in the matter.
(4) Notwithstanding anything contained in sub -sections (1) and ( 3), all the office beare rs of the
Commission shall hold office during the pleasure of the State Government and may be removed at any
time before the expiry of their term of office.
(5) A vacancy caused under sub -sections ( 2), ( 3) or ( 4), or otherwise shall be filled by fresh
nomination and a person so nominated shall hold office for the un-expired period of the term for which
his predecessor in office would have held the office if such vacancy had not arisen.
(6) The Chairperson of the Commission shall enjoy the status of the Min ister of State of the
Government of Maharashtra and he shall be entitled to salary and allowances payable to, and all other
allowances available to the Minister of State under the Maharashtra Ministers’ Salaries and Allowances
Act (Bom. XLVII of 1956).
(7) The salaries and allowances payable to, and the terms and conditions of service of the
Vice-Chairperson and the Members shall be such as may be prescribed.
1 Mumbai h as been declared to be the headquarter of the Commission, by Maharashtra Gover nment Gazette , 1998,
Part IV -B, page 1794, ( vide G.N., S.W.C.A. and S. Department, No. M IS-1095/CR-98/BCW-1, dated the
12th March 1998).
1997 : Mah. XLIV] The Maharashtra State Commission for Safai 5
Karmacharis Act, 1997
5. Officers and other employees of Commission.— (1) The State Government shall provide the
Commission with such officers and employees as may be necessary for the efficient performance of the
functions of the Commission under this Act.
(2) The salaries and allowances payable to, and other terms and conditions of service of, the
officers and other e mployees appointed for the purpose of the Commission shall be such as may be
prescribed.
6. Vacancy, etc. not to invalidate proceedings of Commission. — No act or proceeding of the
Commission shall be questioned or shall be invalid on the ground merely of the existence of any
vacancy or defect in the constitution of the Commission.
7. Procedure to be regulated by Commission. — (1) The Commission shall meet as and when
necessary and shall meet at such time and place as the Chairperson may think fit.
(2) The Commission shall 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.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
8. Functions and powers of Commission. — (1) The Commissions shall preform all or any of
the following functions, namely :—
(a) recommend to the State Government specific programmes of action towards elimination
of inequalities in status, facilities and opportunities for Safai Karmacharis under a time -bound
action plan;
(b) study and evaluate the implementation of the programmes and scheme s relating to the
social and economic rehabilitation of Safai Karmacharis and make recommendations to the State
Government for better co-ordination and implementation of such programmes and schemes;
(c) visit various establishments of the State Government , and semi-Government institutions
and also aided institutions, and to obtain information, or to advise or make suggestions to the said
institutions;
(d) investigate specified grievances and take suo-moto notice of matters relating to non -
implementation of,—
(i) programmes 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 or with the State Government;
(e) make periodical reports to the State Government on any matter concerning Safai
Karmacharis, tak ing into account any difficulties or disabilities being encountered by Safai
Karmacharis;
(f) deal with 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 or
local or other Semi-Government authority.
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Karmacharis Act, 1997
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT REPORT
9. Grants by State Government. — (1) The Sta te Government shall, after due appropriation
made by the State Legislature by law in this behalf, pay to the Commission by way of grants from the
Consolidated Fund of the State, such sums of money as the State Government may think fit for being
utilised for the purposes of this Act.
(2) The Commission may spend such sums as it thinks fit for performing the functions under this
Act, and such sums of money shall be treated as expenditure payable out of the grants referred to in
sub-section (1).
10. Accounts and audit. — (1) The Commission shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts in such form as may be prescribed by the
State Government in consultation with the Accountant General of the State of Maharashtra.
(2) The annual accounts of the Commission shall be audited by the Accountant General of the
State 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 Accountant General.
(3) The Accountant General and any person appointed by him in connection with the audit of the
accounts of the Commission under this Act, shall have the same rights and privileges and the authority
in connection with such audit a s 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 papers and to inspect any of the off ices of the
Commission.
(4) The accounts of the Commission, as certified by the Accountant General or any other person
duly appointed or authorised by him in this behalf, together with the audit report, thereon shall be
forwarded annually to the State Government, by the Commission.
CHAPTER V
MISCELLANEOUS
11. Chairperson, Vice -Chairperson, Members and staff of Commission to be public
servants.— The Chairperson, the Vice-Chairperson, the Members, officers and other employees of the
Commission shall be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
12. State Government to consult Commission. — The State Government shall consult the
Commission on all major policy matters affecting Safai Karmacharis.
13. Annual Report.— The Commission shall prepare its annual report, in such form and at such
time, for each financial year as may be prescribed, giving a full account of its activities during the
previous financial year and submit a copy thereof to the State Government.
14. Annual Report to be laid before Legislative Assembly. — (1) The State Government shall
cause the annual report to be laid before each House of the State L egislature explaining the action
taken or proposed to be taken on the recommendations contained therein in so far as they relate to the
State Government and the reasons for non-acceptance, if any, of such recommendations.
(2) Where the said report or any part thereof relates to any matter with which Central Government
is concerned, a copy of such report shall be forwarded to the Government of India for further necessary
action.
15. Delegation of powers.— The Commission may, by general or special order, d elegate to the
Chairperson, the Vice-Chairperson or any Member or to any officer of the Commission, subject to such
1997 : Mah. XLIV] The Maharashtra State Commission for Safai 7
Karmacharis Act, 1997
conditions 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 proceedings
shall lie against the Chairperson, the Vice-Chairperson, the Members or any officer or other employees
of the Commission and the State Government, for anything which is in good faith done 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 for carrying out the provisions of this Act.
(2) In particular, and without prejudice t o the generality of the forgoing powers, such rules may
be provided for all or any of the following matters, namely :—
(a) salaries and allowances payable to, and the other terms and conditions of service of the
Vice-Chairperson, and the Members under sub -section ( 7) of section 4 and officers and other
employees of the Commission under sub-section (2) of section 5;
(b) the form in which the annual statement of accounts shall be prepared in consultation
with the Accountant General of the State of Maharashtra under section 10;
(c) the form in, and time at, which the annual report shall be prepared and submitted under
section 13;
(d) any other matter which is required to be, or may be, prescribed for the purposes of this
Act.
(3) Every rule made under this section shall be laid, as soon as may be, after it is made, before
each House of the State Legislature while it is in se ssion for a total period of thirty days which may be
comprised in one session or in two successive sessions, and if, before the expiry of the session in which
it is so laid or the session immediately following, both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, and notify such decision in the Official
Gazette, the rule shall, from the date of publication of such notification, have effect only in such
modified form or be of no effect, as the case m ay be; so, however, that any such modification or
annulment shall be without prejudice to the validly of anything previously done or omitted to be done
under that rule.