Court : Supreme Court of India
..... in the year 1993, a special commission for safai karamchari was established as per the provisions of national commission for safai karamchari act, 1993 (hereinafter ncsk act ) to give its recommendations to government regarding specific programmes for the welfare of safai karamcharis. ..... the ncsk is a statutory commission which was created under the national commission for safai karamcharis act, 1993. ..... national commission for safai section 3, national commission karamcharis for safai karamcharis act, 1993; given statutory functions under section 31, 2013 act.2. ..... further, this court also added as parties to the present proceedings, the union of india through secretary, ministry of social justice & empowerment (hereafter union ); the national commission for safai karamcharis (hereafter ncsk ) ; the national commission for scheduled castes (hereafter ncsc ), and the national commission for scheduled tribes (hereafter ncst ). ..... the 43 annual report of the national commission for safai karamcharis for the year 2018-19. ..... 9 section 26 of the 2013 act provides for the constitution of a state monitoring committee (smc) in every state consisting of the chief minister of state or a minister nominated by him, the minister-in-charge of the scheduled castes welfare, representatives of the national commission for scheduled castes, and safai karamcharis, not less than two members of the state legislature belonging to the scheduled castes, etc. .....
Tag this Judgment!Court : Supreme Court of India
..... however, as noted by the national commission for safai karamcharis-a statutory body, set up under the national commission for safai karamcharis act, 1993, in its 3rd and 4th reports (combined) submitted to the parliament, noted that the 1993 act was not being implemented effectively and further noted that the estimated number of dry latrines in the country is 96 lakhs and the estimated number of manual scavengers identified is 5,77,228. ..... the functions of the central monitoring committee shall be,-- (a) to monitor and advise the central government and state government for effective implementation of this act and related laws and programmes; 31 - functions of national commission for safai karamcharis (1) 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 .....
Tag this Judgment!Court : Karnataka
..... an authority designated under sub-section (1) 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. 42. ..... he submits that under section 31(1) of pemsr act, the national commission for safai karmacharies is endowed with the task to enquire into the complaints regarding the contravention of the provisions of the said act and to convey its findings to the concerned authorities with recommendations requiring ..... as there is no provision in pemsr act corresponding to section 17(3) of the 1993 act, i find it hard to give acceptability to the submissions urged on behalf of the petitioner that the state commission for safai karmacharis cannot lodge any first information report with ..... that there is no provision in pemsr act corresponding to section 17(3) of the employment of manual scavengers and construction of dry latrines (prohibition) act, 1993 ( 1993 act for short). ..... 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 ..... of pemsr act contains a non-obstante clause providing for the primacy of pemsr act over all other acts including the 1993 act. ..... on hand is governed by the provisions of pemsr act and not by 1993 act. ..... is raised based on section 17(3) of the 1993 act. .....
Tag this Judgment!Court : Chennai
..... national commission for backward classes , 1993 and national commission for safai karmcharis act, 1993 are some of central enactments wherein also commissions appointed have to submit their reports/ recommendations to the government which are not binding on the ..... also refer to the national commission for minorities act, 1992 wherein also section 9 speaks of functions of the commission, according to which, the commission shall perform viz. ..... section 10 of the national commission for women act, 1990 also states that the commission shall look into the complaints and take suo motu notice of matters relating to deprivation of women's ..... is needless to point out that many of the provisions of the said act, which i am going to refer to herein below, are in pari materia to the provisions of the protection of human rights act, 1993 [herein after referred to as "the hr act"] it is needless to point out that a commission to be appointed under the ci act also has got similar power to hold inquiry and submit a report to the ..... a cursory reading of section 12 of the protection of human rights act, 1993 would make it abundantly clear that in respect of violation of human rights or abetment thereof, the commission shall inquire either suo motu or on a petition to be presented by a victim or any person on his behalf or on a direction or order of any ..... iii of the the protection of human rights act, 1993 deals with the functions and powers of the commission and chapter iv deals with the procedure. .....
Tag this Judgment!Court : Chennai
..... national commission for backward classes , 1993 and national commission for safai karmcharis act, 1993 are some of central enactments wherein also commissions appointed have to submit their reports/ recommendations to the government which are not binding on the ..... also refer to the national commission for minorities act, 1992 wherein also section 9 speaks of functions of the commission, according to which, the commission shall perform viz. ..... section 10 of the national commission for women act, 1990 also states that the commission shall look into the complaints and take suo motu notice of matters relating to deprivation of women's ..... is needless to point out that many of the provisions of the said act, which i am going to refer to herein below, are in pari materia to the provisions of the protection of human rights act, 1993 [herein after referred to as "the hr act"] it is needless to point out that a commission to be appointed under the ci act also has got similar power to hold inquiry and submit a report to the ..... a cursory reading of section 12 of the protection of human rights act, 1993 would make it abundantly clear that in respect of violation of human rights or abetment thereof, the commission shall inquire either suo motu or on a petition to be presented by a victim or any person on his behalf or on a direction or order of any ..... iii of the the protection of human rights act, 1993 deals with the functions and powers of the commission and chapter iv deals with the procedure. .....
Tag this Judgment!Court : Supreme Court of India
..... consequent upon the constitution (eighty-ninth amendment) act, 2003 coming into force on 19.02.2004, the erstwhile national commission for scheduled castes and scheduled tribes has been replaced by (1) national commission for scheduled castes and (2) national commission for scheduled tribes. ..... a brief historical background of the national commission for scheduled castes and scheduled tribes as stated in the annual report submitted to the parliament by national commission for scheduled castes in the year 2014-15 is as follows: for effective implementation of various safeguards provided in the constitution for the welfare of scheduled castes and scheduled tribes (scs and sts) and in various other protective legislations, the constitution provided for appointment of a special officer under article 338 of the constitution. ..... articles 338 and 338a of the constitution provide for constitution of national commissions for scheduled castes and scheduled tribes respectively. ..... the government thereafter through a resolution in 1987 decided to set up a multi-member commission, which was named as national commission for scheduled castes and scheduled tribes. ..... a similar situation arose before this court in safai karamchari andolan v. ..... union of india, (2014) 11 scc224 the petitioners therein filed a writ petition seeking enforcement of the provisions of the employment of manual scavengers and construction of dry latrines (prohibition) act, 1993. .....
Tag this Judgment!Court : Delhi
..... and subsequently in view of requirement was engaged as a safai karamchari to work for full day in the state commission w.e.f. ..... a consideration of the entire available record and rival submissions on behalf of the either side, it is apparent that the petitioner was appointed as a safai karamchari worker / initially part time by the state commission, vikas bhawan, new delhi w.e.f. ..... 3642/2015 page 3 of 25 work-woman described as part-time worker was engaged as a safai karamchari to work full day in the state commission w.e.f. ..... had claimed in its written statement that the work woman was engaged initially as a part-time safai karamchari w.e.f.1.7.2007 and after some time was taken as a full-time safai karamchari on contractual basis and her contract of employment was extended several times but only for three months each time and came to an end finally on 31.12.2009. ..... the principle of service law cannot be automatically applied into industrial law and that whereas in service law a permanent employee has a right to the post where a temporary employee does not, under the industrial disputes act, 1947, there is no distinction between the permanent employee and temporary employee (whether a probationer, casual, daily wage or adhoc employee) and it was thus contended that as a consequence thereof, the petitioner whose services ..... mazdur sabha 1960 i llj251sc, national iron & steel co.ltd. v ..... and others (2008) 10 scc1 national fertilizers ltd. ..... and others (2008) 10 scc1 national fertilizers ltd. .....
Tag this Judgment!Court : Delhi
..... djb states that various state agencies particularly national safai karamchari finance and development commission (nskfdc), as an apex corporation for the all round socio- economic up-liftment of the safai karamcharies, scavengers and their dependents throughout india are financing the bidders ..... the petitioner argues that in absence of the contemplated survey under section 11 of the prohibition of employment as manual scavengers and their rehabilitation act, 2013 (hereafter, also the act ) wherein those engaged or employed in manual scavenging are to be identified, it is obvious that the nit(with one of the impugned conditions that preference shall be given to the members of scheduled caste ..... chairpersons posts in local bodies, under provisions in the constitutions, amended through the 73 and 74 amendment acts, which set apart seats for sc/st and women candidates, in the context of the argument that such reservations worked out 100% set aparts in the concerned seats or municipal corporations, the supreme court, in a ..... that it attempted to view this list of manual scavengers as mandated under the act; however it is unavailable on the website of the three municipal corporations or that ..... the pre-bid meeting held on 06.04.2018; the pre-bid queries are as follows: (i) whether the survey (as required under section 11 of the prohibition of employment as manual scavengers and their rehabilitation act, 2013) to identify the persons engaged in manual scavenging has been undertaken?. .....
Tag this Judgment!Court : Supreme Court of India
..... (1995) 3 scc22178 safai karamchari andalon v. ..... any tribe, gang or class of persons as criminal tribes if they were deemed to be addicted to systematic commission of non-bailable offences .135 the local government needed to give a comprehensive report to the governor general giving reasons for declaring any tribe as criminal and also provide a manner in which these tribes would earn their livelihood.136 98 the act authorized the local government to term a wandering tribe having no fixed place of residence as criminals, except in ..... founded on the subordination of the individual to the state .13 the assumptions which lay at the foundation of colonial rule have undergone a fundamental transformation for a nation of individuals governed by the constitution .14 by recognizing the injustices in the colonial and pre-colonial era, we can certainly set the course for the future .15 in the transformation of society against colonial and pre-colonial ideology, the constitution seeks to assure the values of a just, humane and ..... time, to implement the mandate of article 17, parliament has enacted several legislations such as the untouchability (offenses) act, 1955 (later renamed as protection of civil rights act, 1955), scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (hereinafter poa act ), employment of manual scavengers and construction of dry latrines (prohibition) act, 1993, and prohibition of employment as manual scavengers and their rehabilitation act, 2013. .....
Tag this Judgment!Court : Andhra Pradesh
..... separate statute called the national commission for backward classes act, 1993 (for short 'the ncbc act') provides for the functions and powers of the national commission for backward classes (ncbc) in ..... ministry of human resource development hereby clarifies that reservations in admission to the educational institutions as elucidated in its earlier resolution would continue to apply subject to a sub-quota of 4.5 per cent (four point five) for minorities, as defined in clause (c) of section 2 of the national commission for minorities act, 1992 out of the 27 per cent reservation for other backward classes, in accordance with the office memorandum as modified by those ministries referred to in the third paragraph from time to time, as applicable ..... om and the resolution: from the first om: "the central government has decided to carve out, with effect from the 1st january, 2012 a sub-quota of 4.5 per cent (four point five) for socially and educationally backward classes of citizens belonging to minorities, as defined in clause (c) of section 2 of the national commission for minorities act, 1992 from within the 27 per cent reservation for other backward classes as notified by the government in accordance with o.m.no.36012/22/93-estt. ..... the above recommendation and it has been decided to carve out a sub-quota of 4.5% for minorities, as defined under section 2(c) of the national commission for minorities act, 1992, from within the 27% reservation for obcs as notified by the aforesaid o.m. .....
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