.....conservation of dry latrines into water-seal latrines and prevention of construction of dry latrines are not stringent enough to eliminate this practice; AND WHEREAS it is necessary to enact a uniform legislation for the whole of India for abolishing manual scavenging by declaring employment of manual scavengers for removal of human excreta an offence and thereby Hanna the further proliferation of dry latrines in the country; AND WHEREAS it is desirable for eliminating the denominating practice of employment of manual scavengers and for protecting and improving the human environment to make it obligatory to convert dry; latrines into water-seal latrines or to construct water-seal latrines in new constructions; AND WHEREAS Parliament has no power to make laws for the States with respect to the matters aforesaid, except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Andhra Pradesh, GAO, Karnataka, Maharashtra, Tripura and West Bengal that the matters aforesaid should be regulated in those States by.....
View Complete Act List Judgments citing this section.....means the presence in the environment of any environmental pollutant; (g) "Executive Authority" means an Executive Authority appointed under sub-section (1) of section 5; (h) "HUDCO" means the Housing and Urban Development Corporation Limited, a Government company registered by that name under the Companies Act, 1956; (i) "latrine" means a place set apart for defecation together with the structure comprising such place, the receptacle therein for collection of human excreta and the fittings and apparatus, if any, connected therewith; Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) (j) "manual scavenger" means a person engaged in or employed for manually carrying human excreta and the expression "manual scavenging" shall be construed accordingly; (k) "notification" means a notification published in the Official Gazette; (l) "prescribed" means prescribed by rules made under this Act; (m) "State Government", in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution; (n) "water-seal latrine" means a pour-flush latrine, water flush latrine or a sanitary latrine with a minimum.....
View Complete Act List Judgments citing this section.....of water-seal latrines in that area exist; and (iii) it is necessary or expedient to do so for the protection and improvement of the environment or public health in that area. Section 4 - Power to exempt The State Government may, by a general or special order published in the Official Gazette, and upon such conditions, if any, as it any think fit to impose, exempt any area, category of buildings or class of persons from any provisions of this Act or from any specified requirement contained in this Act or any rule, order, notification or scheme made thereunder or dispense with the observance of any such requirement in a class or classes of cases, if it is satisfied that compliance with such provisions or such requirement is or ought to be exempted or dispenses with in the circumstances of the case.
View Complete Act List Judgments citing this section(1) Subject so sub-section (2) and the other provisions of this Act, with effect from such date and in such area as the State Government may, by notification, specify in this behalf, no person shall-- Prohibition of employment of manual scavengers, etc. (a) engage in or employ for or permit to be engaged in or employed for any other person nor manually carrying human excreta; or (b) construct or maintain a dry; latrine. (2) The State Government shall not issue a notification under sub-section (1) unless-- (i) it has, by notification, given not less than ninety days' notice of its intention to do so; (ii) adequate facilities for the use of water-seal latrines in that area exist; and (iii) it is necessary or expedient to do so for the protection and improvement of the environment or public health in that area.
View Complete Act List Judgments citing this sectionThe State Government may, by a general or special order published in the Official Gazette, and upon such conditions, if any, as it any think fit to impose, exempt any area, category of buildings or class of persons from any provisions of this Act or from any specified requirement contained in this Act or any rule, order, notification or scheme made thereunder or dispense with the observance of any such requirement in a class or classes of cases, if it is satisfied that compliance with such provisions or such requirement is or ought to be exempted or dispenses with in the circumstances of the case.
View Complete Act List Judgments citing this section(1) The State Government may, by order published in the Official Gazette, appoint a District Magistrate or a Sub-Divisional Magistrate, as an Executive Authority to exercise jurisdiction within such area as may be specified in the order and confer such powers and impose such duties on him, as may be necessary to ensure that the provisions of this Act are properly carried out and the Executive Authority may specify the officer or officers, subordinate to him, 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. (2) The Executive Authority appointed under sub-section (1) and the officer or officers specified under that sub-section shall, as far as practicable, try to rehabilitate and promote the welfare of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under sub-section (1) of section 3 has been issued by securing and protecting their economic interests.
View Complete Act List Judgments citing this section.....of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under sub-section (1) of section 3 has been issued in gainful employment and administration of such schemes and different schemes may be made in relation to different areas and for different purposes of this Act: Provided that no such scheme as involving financial assistance from the HUDCO shall be made without consulting it. (2) In particular, and without prejudice to the generality of the foregoing power, such schemes may provide for all or any of the following matters, namely:-- (a) time-bound phased programme for the conversion of dry latrines into water-seal latrines; (b) provision of technical or financial assistance for new or alternate low cost sanitation to local bodies or other agencies; (c )construction and maintenance of community latrines and regulation of their use on pay and use basis; (d) construction and maintenance of shared latrines in slum areas or for the benefit of specially and economically backward classes of citizens; (e) registration of manual scavengers and their rehabilitation; (f) specification and standards of.....
View Complete Act List Judgments citing this sectionNotwithstanding anything contained in any; other law but subject to the other provisions of this Act, the State Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer local or other authority and such persons, officer or a local or other authority shall be bound to comply with such directions.Power of State Government to issue directions.
View Complete Act List Judgments citing this sectionAll Executive Authorities, all officers and other employees of such authorities including the officers authorised under sub-section (1) of section 5, all inspectors appointed under sub-section (1) of section 9 and all officers and other employees authorised to execute a scheme or order made under this Act, when acting or purporting to act in pursuance of any provisions of this Act or the rules or schemes made or orders or directions issued thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code Executive Authorities, inspectors, officers and other employees of such authorities to be public servants.
View Complete Act List Judgments citing this section.....in this behalf by the State Government, an inspector may, within the local limits of his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any place for the purpose of-- (a) performing any of the functions of the Executive Authority entrusted to him; (b) determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules, orders or schemes made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with; (c ) examining and testing any latrine or for conducting an inspection of any building in which he has reason to believe that an offence under this Act or the rules, orders or schemes made thereunder has binaries being or is about to be committed and to prevent or mitigate environmental pollution.
View Complete Act List Judgments citing this section