GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT  No.  XLIV  OF  1997.

THE MAHARASHTRA STATE COMMISSION
FOR  SAFAI  KARMACHARIES  ACT,  1997.

(As  modified  upto  the  16th  August,  2013)

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THE MAHARASHTRA STATE COMMISSION FOR SAFAI
KARMACHARIES ACT, 1997.

(i)

PREAMBLE.
SECTIONS.

CONTENTS

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.

Protection of action taken in good faith.

Power to make rules.

16.

17.

H  4-1

1

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  Forty-
eighth  Year  of  the  Republic  of  India  as  follows  :—

CHAPTER I

PRELIMINARY

1. (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 date2 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.

Short  title,
extent,
commencement
and  duration.

2.      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

Definitions.

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. (1) The State Government may, by3 notification in the Official Gazette, constitute
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.

Constitution
of  Commi-
ssion  and  its
headquarters.

(2) The  Commission  shall  consist  of,—

(a) the  Chairperson;

1 For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette, 1997,  Extra-ordiniary,

Part  V-A,  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.)

H  4-2

1997 : Mah. XLIV] Maharashtra  State  Commission  for  Safai

2

  Karmacharis  Act,  1997

(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,  by1  notification  in  the Official  Gazette.

4. (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
beares 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 Minister 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.

(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.

5.    (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 employees appointed for the purpose of the Commission shall
be  such  as  may  be  prescribed.

1 Mumbai  has  been  declared  to  be  the  head  quarter  of  the  Commission,  by Maharashtra  Government
Gazette, 1998,  Part  IV-B,  page  1794, (vide G.N.,  S.W.C.A.  and  S.  Department,  No.  MIS-1095/
CR-98/BCW-1,  dated  the  12th  March  1998).

Term of
office  and
conditions
of service of
Chairperson,
Vice-Chair-
person  and
Members.

Officers
and    other
employees  of
Commission.

Bom.
XLVII
o f
1956.

Vacancy,  etc.
not  to
invalidate
proceedings  of
Commission.

Procedure  to
be  regulated
by  Commi-
ssion.

Functions
and  powers
of  Commi-
ssion.

3

Maharashtra  State  Commission  for  Safai
  Karmacharis  Act,  1997

[1997 : Mah. XLIV

6.  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. (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. (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 schemes 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 Safari

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, taking 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.

1997 : Mah. XLIV] Maharashtra  State  Commission  for  Safai

4

  Karmacharis  Act,  1997
CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT REPORT

Grants    by
State
Government.

9. (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  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).

Accounts
and  audit.

10. (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  as  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  offices  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. 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. The State Government shall consult the Commission on all major policy matters

affecting Safai Karmacharis.

13. 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.

Chairperson,
Vice-Chair-
person,
Members
and  staff  of
Commission
to  be  public
servants.

State
Government
to  consult
Commission.

Annual
Report.

5

Maharashtra  State  Commission  for  Safai
  Karmacharis  Act,  1997

[1997 : Mah. XLIV

14. (1)  The  State  Government  shall  cause  the  annual  report  to  be  laid  before  each
House  of  the  State  Legislature  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.

Annual
Report  to  be
laid  before
Legislative
Assembly.

(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. The  Commission  may,  by  general  or  special  order,  delegate  to  the  Chairperson,
the  Vice-Chairperson  or  any  Member  or  to  any  officer  of  the  Commission,  subject  to
such  conditions  and  limitations,  if  any,  as  may  be  specified  therein,  such  of  its  powers
and  duties  under  this  Act  as  it  may  deem  fit.

Delegation
of  powers.

16. 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.

Protection  of
action  taken
in  good
faith.

17. (1) The State Government may, by notification in the Official Gazette, make rules

for  carrying  out  the  provisions  of  this  Act.

Power  to
make  rules.

(2) In particular, and without prejudice to 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 session 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 may 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.

H  4-3,362  Bks.-1.2014

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