THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR 
REHABILITATION ACT, 2013 
________________ 

ARRANGEMENT OF SECTIONS 

_______________ 

CHAPTER I  

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Act to have overriding effect. 

CHAPTER II 

IDENTIFICATION OF INSANITARY LATRINES 

4.  Local authorities to survey insanitary latrines and provide sanitary community latrines. 

CHAPTER III 

PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT 
AS MANUAL SCAVENGER 

5.  Prohibition of insanitary latrines and employment and engagement of manual scavenger. 
6.  Contract, agreement, etc., to be void. 
7.  Prohibition of persons from engagement or employment for hazardous cleaning of sewers and 

septic tanks. 

8.  Penalty for contravention of section 5 or section 6. 
9.  Penalty for contravention of section 7. 
10.  Limitation of prosecution. 

CHAPTER IV 

IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND 
RURAL AREAS AND THEIR REHABILITATION 

11.  Survey of manual scavengers in urban areas by Municipalities. 
12.  Application by an urban manual scavenger for identification. 
13.  Rehabilitation of persons identified as manual scavengers by a Municipality. 
14.  Survey of manual scavengers in rural areas by Panchayats. 
15.  Application by a rural manual scavenger for identification. 
16.  Rehabilitation of persons identified as manual scavengers by a Panchayat. 

CHAPTER V 

IMPLEMENTING AUTHORITIES 

17.  Responsibility of local authorities to ensure elimination of insanitary latrines. 
18.  Authorities who may be specified for implementing provisions of this Act. 
19.  Duty of District Magistrate and authorised officers. 
20.  Appointment of inspectors and their powers. 

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CHAPTER VI 

PROCEDURE FOR TRIAL 

SECTIONS 

21.  Offences to be tried by Executive Magistrate. 
22.  Offence to be cognizable and non-bailable. 
23.  Offences by companies. 

CHAPTER VII 

VIGILANCE COMMITTEES 

24.  Vigilance Committees. 
25.  Functions of Vigilance Committee. 
26.  State Monitoring Committee. 
27.  Functions of the State Monitoring Committee. 
28.  Duty of States or Union territories to send periodic reports to the Central Government. 
29.  Central Monitoring Committee. 
30.  Functions of the Central Monitoring Committee. 
31.  Functions of National Commission for Safai Karamcharis. 
32.  Power of State Government to designate an appropriate authority to monitor the implementation 

of this Act. 

CHAPTER VIII 

MISCELLANEOUS 

33.  Duty of local authorities and other agencies to use modern technology for cleaning of sewers, etc. 
34.  Protection of action taken in good faith. 
35.  Jurisdiction of civil courts barred. 
36.  Power of appropriate Government to make rules. 
37.  Power of Central Government to make model rules. 
38.  Power to remove difficulties. 
39.  Power to exempt. 

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THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS 
AND THEIR REHABILITATION ACT, 2013 

ACT NO. 25 OF 2013 

[18th September, 2013.] 

An  Act  to  provide  for  the  prohibition  of  employment  as  manual  scavengers,  rehabilitation  of 
manual  scavengers  and  their  families,  and  for  matters  connected  therewith  or  incidental 
thereto. 

WHEREAS promoting among the citizens fraternity assuring the dignity of the individual is enshrined 

as one of the goals in the Preamble to the Constitution; 

AND WHEREAS the right to live with dignity is also implicit in the Fundamental Rights guaranteed in 

Part III of the Constitution; 

AND  WHEREAS  article  46  of  the  Constitution,  inter  alia,  provides  that  the  State  shall  protect  the 
weaker sections, and, particularly, the Scheduled Castes and the Scheduled Tribes from social injustice 
and all forms of exploitation; 

AND  WHEREAS  the  dehumanising  practice  of  manual  scavenging,  arising  from  the  continuing 
existence of insanitary latrines  and a highly iniquitous caste system, still persists in various parts of the 
country, and the existing laws have not proved adequate in eliminating the twin evils of insanitary latrines 
and manual scavenging; 

AND WHEREAS it is necessary to correct the historical injustice and indignity suffered by the manual 

scavengers, and to rehabilitate them to a life of dignity. 

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Prohibition  of 

Employment as Manual Scavengers and their Rehabilitation Act, 2013. 

(2) It extends to the whole of India except the State of Jammu and Kashmir. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint: 

Provided that the date so notified shall not be earlier than sixty days after the date of publication of  

2[the said notification] in the Official Gazette. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a)  “agency”  means  any  agency,  other  than  a  local  authority,  which  may  undertake  sanitation 
facilities in an area and includes a contractor or a firm or a company which engages in development 
and maintenance of real estate; 

(b)  “appropriate  government”,  in  relation  to  Cantonment  Boards,  railway  lands,  and  lands  and 
buildings owned by the Central Government, a Central Public Sector Undertaking or an autonomous 
body wholly or substantially funded by the Central Government, means the Central Government and 
in all other cases, the State Government; 

(c) “Chief Executive Officer”, in relation to a Municipality or Panchayat, means, its senior-most 

executive officer, by whatever name called; 

1.  6th December, 2013, vide notification No. S.O. 2989(E), dated 1st October, 2013,  see Gazette of India, Extraordinary, 

Part II, Sec. 3(ii). 

2.  Subs. by Act 17 of 2015, s. 3 and the Second Schedule, for “the notification” (w.e.f. 13-5-2015).  

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(d) “hazardous cleaning” by an employee, in relation to a sewer or septic tank, means its manual 
cleaning by such employee without the employer fulfilling his obligations to provide protective gear 
and  other  cleaning  devices  and  ensuring  observance of  safety  precautions,  as  may  be  prescribed  or 
provided in any other law, for the time being in force or rules made thereunder; 

(e) “insanitary latrine” means a latrine which requires human excreta to be cleaned or otherwise 
handled  manually,  either  in  situ,  or  in  an  open  drain  or  pit  into  which  the  excreta  is  discharged  or 
flushed out, before the excreta fully decomposes in such manner as may be prescribed: 

Provided that a water flush latrine in a railway passenger coach, when cleaned by an employee 
with the help of such devices and using such protective gear, as the Central Government may notify 
in this behalf, shall not be deemed to be an insanitary latrine. 

(f) “local authority” means,— 

(i) a Municipality or a Panchayat, as defined in clause (e) and clause (f) of article 243P of the 

Constitution, which is responsible for sanitation in its area of jurisdiction; 

(ii)  a  Cantonment  Board  constituted  under  section  10  of  the  Cantonments  Act,  2006  

(41 of 2006); and 

(iii) a railway authority; 

(g) “manual scavenger” means a person engaged or employed, at the commencement of this Act 
or  at  any  time  thereafter,  by  an  individual  or  a  local  authority  or  an  agency  or  a  contractor,  for 
manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an 
insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines 
is disposed of, or on a railway track or in such other spaces or premises, as the Central Government or 
a  State  Government  may  notify,  before  the  excreta  fully  decomposes  in  such  manner  as  may  be 
prescribed, and the expression “manual scavenging” shall be construed accordingly. 

Explanation.—For the purpose of this clause,— 

(a) “engaged  or  employed”  means  being  engaged  or employed  on  a regular  or contract 

basis; 

(b)  a  person  engaged  or  employed  to  clean  excreta  with  the  help  of  such  devices  and 
using such protective gear, as the Central Government may notify in this behalf, shall not be 
deemed to be a „manual scavenger‟; 

(h)  “National  Commission  for  Safai  Karmacharis”  means  the  National  Commission  for  Safai 
Karamcharis  constituted  under  section  3  of  the  National  Commission  for  Safai  Karmacharis  Act, 
1993 (64 of 1993) and continued by Resolution of the Government of India in the Ministry of Social 
Justice  and  Empowerment  vide  No.17015/18/2003-SCD-VI,  dated  24th  February,  2004  and  as 
amended from time to time; 

(i)  “notification”  means  a  notification  published  in  the  Official  Gazette  and  the  expression 

“notify” shall be construed accordingly; 

(j)  “occupier”,  in  relation  to  the  premises  where  an  insanitary  latrine  exists,  or  someone  is 
employed as a manual scavenger, means the person who, for the time being, is in occupation of such 
premises; 

(k) “owner”, in relation to the premises where an insanitary latrine exists or someone is employed 

as a manual scavenger, means, the person who, for the time being has legal title to such premises; 

(l) “prescribed” means prescribed by the rules made under this Act; 

(m) “railway authority” means an authority administering railway land, as may be notified by the 

Central Government in this behalf; 

(n)  “railway  land”  shall  have  the  meaning  assigned  to  it  in  clause  (32A)  of  section  2  of  the 

Railways Act, 1989 (24  of 1989); 

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(o) “sanitary latrine” means a latrine which is not an „insanitary latrine‟; 

(p)  “septic  tank”  means  a  water-tight  settling  tank  or  chamber,  normally  located  underground, 
which is used to receive and hold human excreta, allowing it to decompose through bacterial activity; 

(q) “sewer” means an underground conduit or pipe for carrying off human excreta, besides other 

waste matter and drainage wastes; 

(r)  “State  Government”,  in  relation  to  a  Union  territory,  means  the  Administrator  thereof 

appointed under article 239 of the Constitution; 

(s)  “survey”  means  a  survey  of  manual  scavengers  undertaken  in  pursuance  of  section  11  or 

section 14. 

(2) Words and expressions used and not defined in this Act, but defined in the Cantonments Act, 2006 

(41 of 2006), shall have the same meanings respectively assigned to them in that Act. 

(3) The reference to a Municipality under Chapters IV to VIII of this Act shall include a reference to, 
as the case may be, the Cantonment Board or the railway authority, in respect of areas included within 
the jurisdiction of the Cantonment Board and the railway land, respectively. 

3.  Act  to  have  overriding  effect.—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 ( 46 of 1993) or in any other law, or in any instrument having effect 
by virtue of any other law. 

CHAPTER II 

IDENTIFICATION OF INSANITARY LATRINES 

4. Local authorities to survey insanitary latrines and provide sanitary community latrines.—(1) 

Every local authority shall,— 

(a) carry out a survey of insanitary latrines existing within its jurisdiction, and  publish a list of 
such insanitary latrines, in such manner as may be prescribed, within a period of two months from the 
date of commencement of this Act; 

(b) give a notice to the occupier, within fifteen days from the date of publication of the list under 
clause (a), to either demolish the insanitary latrine or convert it into a sanitary latrine, within a period 
of six months from the date of commencement of this Act: 

Provided that the local authority may for sufficient reasons to be recorded in writing extend the 

said period not exceeding three months; 

(c) construct, within a period not exceeding nine months from the date of commencement of this 
Act,  such  number  of  sanitary  community  latrines  as  it  considers  necessary,  in  the  areas  where 
insanitary latrines have been found. 

(2)  Without  prejudice  to  the  provisions  contained  in  sub-section  (1),  Municipalities,  Cantonment 
Boards  and  railway  authorities  shall  also  construct  adequate  number  of  sanitary  community  latrines, 
within  such  period  not  exceeding  three  years  from  the  date  of  commencement  of  this  Act,  as  the 
appropriate Government may, by notification, specify, so as to eliminate the practice of open defecation 
in their jurisdiction. 

(3)  It  shall  be  the  responsibility  of  local  authorities  to  construct  community  sanitary  latrines  as 
specified  in  sub-sections  (1)  and  (2),  and  also  to  make  arrangements  for  their  hygienic  upkeep  at  all 
times. 

Explanation.—For the purposes of this section, “community” in relation to railway authorities means 

passengers, staff and other authorised users of railways. 

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CHAPTER III 

PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT 
AS MANUAL SCAVENGER 

5. Prohibition of insanitary latrines and employment and engagement of manual  scavenger.— 
(1) Notwithstanding anything inconsistent therewith contained in the Employment of Manual Scavengers 
and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993), no person, local authority or any 
agency shall, after the date of commencement of this Act,— 

(a) construct an insanitary latrine; or 

(b)  engage  or  employ,  either  directly  or  indirectly,  a  manual  scavenger,  and  every  person  so 
engaged or employed shall stand discharged immediately from any obligation, express or implied, to 
do manual scavenging. 

(2)  Every  insanitary  latrine  existing  on  the  date  of  commencement  of  this  Act,  shall  either  be 
demolished or be converted into a sanitary latrine, by the occupier at his own cost, before the expiry of 
the period so specified in clause (b) of sub-section (1) of section 4: 

Provided  that  where  there  are  several  occupiers  in  relation  to  an  insanitary  latrine,  the  liability  to 

demolish or convert it shall lie with,— 

(a) the owner of the premises, in case one of the occupiers happens to be the owner; and 

 (b) all the occupiers, jointly and severally, in all other cases: 

Provided  that  the  State  Government  may  give  assistance  for  conversion  of  insanitary  latrines  into 
sanitary latrines to occupiers from such categories of persons and on such scale, as it may, by notification, 
specify: 

Provided further that non-receipt of State assistance shall not be a valid ground to maintain or use an 

insanitary latrine, beyond the said period of nine months. 

(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitary latrine within the 
period  specified  in  sub-section  (2),  the  local  authority  having  jurisdiction  over  the  area  in  which  such 
insanitary latrine is  situated,  shall,  after  giving  notice  of  not  less  than  twenty  one  days to  the  occupier, 
either convert such latrine into a sanitary latrine, or demolish such insanitary latrine, and shall be entitled 
to recover the cost of such conversion or, as the case may be, of demolition, from such occupier in such 
manner as may be prescribed. 

6. Contract, agreement, etc., to be void.—(1) Any contract, agreement or other instrument entered 
into or executed before the date of commencement of this Act, engaging or  employing a person for the 
purpose of manual scavenging shall, on the date of commencement of this Act, be terminated and such 
contract,  agreement  or  other  instrument  shall  be  void  and  inoperative  and  no  compensation  shall  be 
payable therefor. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  no  person  employed  or  engaged  as  a 
manual scavenger on a full-time basis shall be retrenched by his employer, but shall be retained, subject 
to his willingness, in employment on at least the same emoluments, and shall be assigned work other than 
manual scavenging. 

7.  Prohibition  of  persons  from  engagement  or  employment  for  hazardous  cleaning  of  sewers 
and  septic  tanks.—No  person,  local  authority  or  any  agency  shall,  from  such  date  as  the  State 
Government may notify, which shall not be later than one year from the date of commencement of this 
Act,  engage  or employ,  either  directly  or indirectly,  any  person for  hazardous  cleaning  of  a  sewer or a 
septic tank. 

8.  Penalty  for  contravention  of  section  5  or  section  6.—Whoever  contravenes  the  provisions  of 
section 5 or section 6 shall for the first contravention be punishable with imprisonment for a term which 
may extend to one year or with fine which may extend to fifty thousand rupees or with both, and for any  

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subsequent  contravention  with  imprisonment  which  may  extend  to  two  years  or  with  fine  which  may 
extend to one lakh rupees, or with both. 

9. Penalty for contravention of section 7.—Whoever contravenes the provisions of section 7 shall 
for the first contravention be punishable with imprisonment for a term which may extend to two years or 
with fine which may extend to two lakh rupees or with both, and for any subsequent contravention with 
imprisonment which may extend to five years or with fine which may extend to five lakh rupees, or with 
both. 

10. Limitation of prosecution.—No court shall take cognizance of any offence punishable under this 
Act except upon a complaint thereof is made by a person in this behalf within three months from the date 
of the occurrence of the alleged commission of the offence. 

CHAPTER IV 

IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND 
RURAL AREAS AND THEIR REHABILITATION 

11. Survey of manual scavengers in urban areas by Municipalities.—(1) If any Municipality has 
reason to believe that some persons are engaged or employed in manual scavenging within its jurisdiction, 
the Chief Executive Officer of such Municipality shall cause a survey to be undertaken to identify such 
persons. 

(2) The content and methodology of the survey referred to in sub-section (1) shall be such as may be 
prescribed, and it shall be completed within a period of two months from its commencement in the case of 
Municipal Corporations, and within a period of one month in the case of other Municipalities. 

(3) The Chief Executive Officer of the Municipality, in whose jurisdiction the survey is undertaken, 

shall be responsible for accurate and timely completion of the survey. 

(4)  After  completion  of  the  survey,  the  Chief  Executive  Officer  shall  cause  to  be  drawn  up  a 
provisional  list  of  persons  found  to  be  working  as  manual  scavengers  within  the  jurisdiction  of  his 
Municipality and fulfilling the eligibility conditions as may be prescribed, shall cause such provisional list 
to be published for general information in such manner, as may be prescribed, and shall invite objections 
to the list from the general public. 

(5)  Any  person  having  any  objection,  either  to  the  inclusion  or  exclusion  of  any  name  in  the 
provisional list published in pursuance of sub-section (4), shall, within a period of fifteen days from such 
publication, file an objection, in such form as the Municipality may notify, to the Chief Executive Officer. 

(6)  All  objections  received  in  pursuance  of  sub-section  (5),  shall  be  enquired  into,  and  thereafter a 
final list of persons found to be working as manual scavengers within the local limits of the municipality, 
shall be published by it in such manner, as may be prescribed. 

(7)  As  soon  as  the  final  list  of  manual  scavengers,  referred  to  in  sub-section  (6)  is  published,  the 
persons  included  in  the  said  list  shall,  subject  to  the  provisions  of  sub-section  (2)  of  section  6,  stand 
discharged from any obligation to work as manual scavengers. 

12. Application by an urban manual scavenger for identification.—(1) Any person working as a 
manual  scavenger  in  an  urban  area,  may,  either  during  the  survey  undertaken  by  the  Municipality  in 
pursuance  of  section  11,  within  whose  jurisdiction  he  works,  or  at  any  time  thereafter,  apply,  in  such 
manner, as may be prescribed, to the Chief Executive Officer of the Municipality, or to any other officer 
authorised by him in this behalf, for being identified as a manual scavenger. 

(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall cause it to be 
enquired  into,  either  as  part  of  the  survey  undertaken  under  section  11,  or,  when  no  such  survey  is  in 
progress, within fifteen days of receipt of such application, to ascertain whether the applicant is a manual 
scavenger. 

(3)  If  an  application  is  received  under  sub-section  (1)  when  a  survey  under  section  11  is  not  in 
progress, and is found to be true after enquiry in accordance with sub-section (2), action shall be taken to 

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add  the  name  of  such  a  person  to  the  final  list  published  under  sub-section  (6)  of  section  11,  and  the 
consequences mentioned in sub-section (7) thereof shall follow. 

13.  Rehabilitation  of  persons  identified  as  manual  scavengers  by  a  Municipality.—(1)  Any 
person included in the final list of manual scavengers published in pursuance of sub-section (6) of section 
11 or added thereto in pursuance of sub-section (3) of section 12, shall be rehabilitated in the following 
manner, namely:— 

(a) he shall be given, within one month,— 

(i) a photo identity card, containing, inter alia, details of all members of his family dependent 

on him, and 

(ii) such initial, one time, cash assistance, as may be prescribed; 

(b)  his  children  shall  be  entitled  to  scholarship  as  per  the  relevant  scheme  of  the  Central 

Government or the State Government or the local authorities, as the case may be; 

(c)  he  shall  be  allotted  a  residential  plot  and  financial  assistance  for  house  construction,  or  a 
ready-built  house,  with  financial  assistance,  subject  to  eligibility  and  willingness  of  the  manual 
scavenger,  and  the  provisions  of  the  relevant  scheme  of  the  Central  Government  or  the  State 
Government or the concerned local authority; 

(d)  he,  or  at  least  one  adult  member  of  his  family,  shall  be  given,  subject  to  eligibility  and 
willingness, training in a livelihood skill, and shall be  paid a monthly stipend of not less than three 
thousand rupees, during the period of such training; 

(e)  he,  or  at  least  one  adult  member  of  his  family,  shall  be  given,  subject  to  eligibility  and 
willingness,  subsidy  and  concessional loan  for  taking  up  an  alternative  occupation  on  a sustainable 
basis, in such manner as may be stipulated in the relevant scheme of the Central Government or the 
State Government or the concerned local authority; 

(f) he shall be provided such other legal and programmatic assistance, as the Central Government 

or State Government may notify in this behalf. 

(2)  The  District  Magistrate  of  the  district  concerned  shall  be  responsible  for  rehabilitation  of  each 
manual scavenger in accordance with the provisions of sub-section (1) and the State Government or the 
District Magistrate concerned may, in addition, assign responsibilities in his behalf to officers subordinate 
to the District Magistrate and to officers of the concerned Municipality. 

14. Survey of manual scavengers in rural areas by Panchayats.—If any Panchayat has reason to 
believe that some persons are engaged in manual scavenging within its jurisdiction, the Chief Executive 
Officer  of  such  Panchayat  shall  cause  a  survey  of  such  manual  scavengers  to  be  undertaken,  mutatis 
mutandis, in accordance with the provisions of section 11 and section 12, to identify such person. 

15.  Application  by  a  rural  manual  scavenger  for  identification.—(1)  Any  person  working  as  a 
manual  scavenger,  in  a  rural  area,  may,  either  during  the  survey  undertaken  by  the  Panchayat  within 
whose jurisdiction he works, in pursuance of section 14 or at any time thereafter, apply, in such manner, 
as may be prescribed, to the Chief Executive Officer of the concerned Panchayat, or to any other officer 
authorised by him in this behalf, for being identified as a manual scavenger. 

(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall cause it to be 
enquired  into,  either  as  part  of  the  survey  undertaken  under  section  14  or  when  no  such  survey  is  in 
progress, within fifteen days of receipt of such application, so as to ascertain whether the applicant is a 
manual scavenger. 

16.  Rehabilitation  of  persons  identified  as  manual  scavengers  by  a  Panchayat.—Any  person 
included in the final list of manual scavengers, published in pursuance of section 14 or added thereto in 
pursuance  of  sub-section  (2)  of  section  15  shall  be  rehabilitated,  mutatis  mutandis,  in  the  manner  laid 
down for urban manual scavengers in section 13. 

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CHAPTER V 

IMPLEMENTING AUTHORITIES 

17.  Responsibility  of  local  authorities  to  ensure  elimination  of  insanitary  latrines.— 
Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  it  shall  be  the 
responsibility of every local authority to ensure, through awareness campaign or in such other manner that 
after the expiry of a period of nine months, from the date of commencement of this Act,— 

(i) no insanitary latrine is constructed, maintained or used within its jurisdiction; 

and 

(ii)  in  case  of  contravention  of  clause  (i),  action  is  taken  against  the  occupier  under  

sub-section (3) of section 5. 

18. Authorities who may be specified for implementing provisions of this Act.—The appropriate 
Government may confer such powers and impose such duties on local authority and District Magistrate as 
may be necessary to ensure that the provisions of this Act are properly carried out, and a local authority 
and  the  District  Magistrate  may,  specify  the  subordinate  officers,  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. 

19. Duty of District Magistrate and authorised officers.—The District Magistrate and the authority 
authorised under section 18 or any other subordinate officers specified by them under that section shall 
ensure that, after the expiry of such period as specified for the purpose of this Act,— 

(a) no person is engaged or employed as manual scavenger within their jurisdiction; 

 (b) no one constructs, maintains, uses or makes available for use, an insanitary latrine; 

(c) manual scavengers identified under this Act are rehabilitated in accordance with section 13, or 

as the case may be, section 16; 

(d) persons contravening the provisions of section 5 or section 6 or section 7 are investigated and 

prosecuted under the provisions of this Act; and 

(e) all provisions of this Act applicable within his jurisdiction are duly complied with. 

20.  Appointment  of  inspectors  and  their  powers.—(1)  The  appropriate  Government  may,  by 
notification, appoint such persons as it thinks fit to be inspectors for the purposes of this Act, and define 
the local limits within which they shall exercise their powers under this Act. 

(2)  Subject  to  any  rules  made  in  this  behalf,  an  inspector  may,  within  the  local  limits  of  his 
jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any premises or 
place for the purpose of,— 

(a)  examining  and  testing  any  latrine,  open  drain  or  pit  or  for  conducting  an  inspection  of  any 
premises or place, where he has reason to believe that an offence under this Act has been or is being 
or is about to be committed, and to prevent employment of any person as manual scavenger; 

(b)  examine  any  person  whom  he  finds  in  such  premises  or  place  and  who,  he  has  reasonable 
cause to believe, is employed as a manual scavenger therein, or is otherwise in a position to furnish 
information about compliance or non-compliance with the provisions of this Act and the rules made 
thereunder; 

(c) require any person whom he finds on such premises, to give information which is in his power 
to  give,  with  respect to the  names  and  addresses  of  persons  employed  on such premises as  manual 
scavenger and of the persons or agency or contractor employing or engaging them; 

(d) seize or take copies of such registers, record of wages or notices or portions thereof as he may 
consider  relevant  in  respect  of  an  offence  under  this  Act  which  he  has  reason  to  believe  has  been 
committed by the principal employer or agency; and 

(e) exercise such other powers as may be prescribed. 

9 

 
(3) Any person required to produce any document or thing or to give any information required by an 
inspector  under  sub-section  (2)  shall  be  deemed  to  be  legally  bound  to  do  so  within  the  meaning  of 
section 175 and section 176 of the Indian Penal Code (45 of 1860). 

(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply 
to any such search or seizure under sub-section (2) as they apply to such search or seizure made under 
the authority of a warrant issued under section 94 of the said Code. 

CHAPTER VI 

PROCEDURE FOR TRIAL 

21. Offences to be tried by Executive Magistrate.—(1) The State Government may confer, on an 
Executive Magistrate, the powers of a Judicial Magistrate of the first class for the trial of offences under 
this  Act;  and,  on  such  conferment  of  powers,  the  Executive  Magistrate,  on  whom  the  powers  are  so 
conferred, shall be deemed, for the purposes of the Code of Criminal Procedure, 1973 (2 of 1974), to be a 
Judicial Magistrate of the first class. 

(2) An offence under this Act may be tried summarily. 

22. Offence to be cognizable and non-bailable.—Notwithstanding anything contained in the Code 
of  Criminal  Procedure,  1973  (2  of  1974),  every  offence  under  this  Act  shall  be  cognizable  and  non-
bailable. 

23.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been 
committed by a company and it is proved that offence has been committed with the consent or connivance 
of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the 
company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence 
and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

CHAPTER VII 
VIGILANCE COMMITTEES 

24.  Vigilance  Committees.—(1)  Every  State  Government  shall,  by  notification,  constitute  a 

Vigilance Committee for each district and each Sub-Division. 

(2)  Each  Vigilance  Committee  constituted  for  a  district  shall  consist  of  the  following  members, 

namely:— 

(a) the District Magistrate—Chairperson, ex officio; 

(b)  all  members  of  the  State  Legislature  belonging  to  the  Scheduled  Castes  elected  from  the 

district—members: 

Provided  that  if  a  district  has  no  member  of  the  State  Legislature  belonging  to  the  Scheduled 
Castes, the State Government may nominate such number of other members of the State Legislature 
from the district, not exceeding two, as it may deem appropriate. 

(c) the district Superintendent of Police— member, ex officio; 

10 

 
 
(d) the Chief Executive Officer of,— 

(i) the Panchayat at the district level—member, ex officio; 

(ii) the Municipality of the district headquarters—member, ex officio; 

(iii) any other Municipal Corporation constituted in the district— member, ex officio; 

(iv) Cantonment Board, if any, situated in the district—member, ex officio; 

(e) one representative be nominated by the railway authority located in the district; 

(f)  not  more  than  four  social  workers  belonging  to  organisation  working  for  the  prohibition  of 
manual  scavenging  and  rehabilitation  of  manual  scavengers,  or,  representing  the  scavenger 
community, resident in the district, to be nominated by the District Magistrate, two of whom shall be 
women; 

(g) one person to represent the financial and credit institutions in the district, to be nominated by 

the District Magistrate; 

(h)  the  district-level  officer  in-charge  of  the  Scheduled  Castes  Welfare—  Member-Secretary,  

ex officio; 

 (i)  district-level  officers  of  Departments  and  agencies  who,  in  the  opinion  of  the  District 
Magistrate, subject to general orders, if any, of the State Government, have a significant role to play 
in the implementation of this Act. 

(3)  Each  Vigilance  Committee,  constituted  for  a  Sub-Division,  shall  consist  of  the  following 

members, namely:— 

(a) the Sub-Divisional Magistrate—Chairperson, ex officio; 

(b) the Chairpersons and the Chief Executive Officers of Panchayats at intermediate level of the 
Sub-Division,  and  where  Panchayats  at  intermediate  level,  do  not  exist,  Chairpersons  from  two 
Panchayats at Village level to be nominated by the Sub-Divisional Magistrate—member, ex officio; 

(c) the Sub-Divisional Officer of Police—member, ex officio; 

(d) Chief Executive Officer of— 

(i) the Municipality of the Sub-Divisional headquarters—member, ex officio; and 

(ii) Cantonment Board, if any, situated in the Sub-Division—member, ex officio; 

(e)  one 

representative 

to  be  nominated  by 

the 

railway  authority 

located 

in 

the  

Sub-Division—member, ex officio; 

(f)  two  social  workers  belonging  to  the  organisation  working  for  the  prohibition  of  manual 
scavenging  and  rehabilitation  of  the  manual  scavengers,  or  representing  the  scavenger  community 
resident  in  the  Sub-Division,  to  be  nominated  by  the  District  Magistrate,  one  of  whom  shall  be  a 
woman; 

(g)  one  person  to  represent  the  financial  and  credit  institutions  in  the  Sub-Division,  to  be 

nominated by the Sub-Divisional Magistrate; 

(h) the Sub-Divisional level officer in-charge of Scheduled Castes welfare— Member-Secretary, 

ex officio; 

(i)  Sub-Divisional  level  officers  of  Department  and  agencies  who  in  the  opinion  of  the  
Sub-Divisional  Magistrate,  subject  to  any  general  orders  of  the  State  Government  or  the  District 
Magistrate, have a significant role to play in the implementation of this Act—member, ex officio. 

(4) Each Vigilance Committee constituted at district and Sub-Divisional level shall meet at least once 

in every three months. 

(5) No proceeding of a Vigilance Committees shall be invalid merely by reason of any defect in its 

constitution. 

11 

 
25. Functions of Vigilance Committee.—The functions of Vigilance Committee shall be— 

(a) to advise the District Magistrate or, as the case may be, the Sub-Divisional Magistrate, on the 
action  which  needs  to  be  taken,  to  ensure  that  the  provisions  of  this  Act  or  of  any  rule  made 
thereunder are properly implemented; 

(b) to oversee the economic and social rehabilitation of manual scavengers; 

(c)  to  co-ordinate  the  functions  of  all  concerned  agencies  with  a  view  to  channelise  adequate 

credit for the rehabilitation of manual scavengers; 

(d) to monitor the registration of offences under this Act and their investigation and prosecution. 

26. State Monitoring Committee.—(1) Every State Government shall, by notification, constitute a 

State Monitoring Committee, consisting of the following members, namely:— 

(a) the Chief Minister of State or a Minister nominated by him—Chairperson, ex officio; 

(b)  the  Minister-in-charge  of  the  Scheduled  Castes Welfare,  and  such  other  Department,  as  the 

State Government may notify; 

(c) Chairperson of the State Commissions for Safai Karamcharis, and Scheduled Castes, if any— 

member, ex officio; 

(d) representatives of the National Commission for Scheduled Castes, and Safai Karamcharis—

member, ex officio; 

(e)  not  less  than  two  members  of  the  State  Legislature  belonging  to  the  Scheduled  Castes, 

nominated by the State Government: 

Provided that if any State Legislature has no member belonging to the Scheduled Castes, the State 

Government may nominate the members belonging to the Scheduled Tribes; 

(f) the Director-General of Police— member, ex officio; 

(g)  Secretaries  to  the  State  Government  in  the  Departments  of  Home,  Panchayati  Raj,  Urban 

Local Bodies, and such other Departments, as the State Government may notify; 

(h) Chief Executive Officer of at least one Municipal Corporation, Panchayat at the district-level, 

Cantonment Board and railway authority as the State Government may notify; 

(i)  not  more  than  four  social  workers  belonging  to  organisation  working  for  the  prohibition  of 
manual  scavenging  and  rehabilitation  of  manual  scavengers,  or,  representing  the  scavenger 
community, resident in the State, to be nominated by the State Government, two of whom shall be 
women; 

(j)  State-level  head  of  the  convener  Bank  of  the  State  Level  Bankers‟  Committee—  member,  

ex officio; 

(k)  Secretary  of  the  Department  of  the  State  Government  dealing  with  development  of  the 

Scheduled Castes—Member-Secretary, ex officio; 

(l)  such  other  representative  of  Departments  of  the  State  Government  and  such  other  agencies 

which, in the opinion of the State Government, are concerned with the implementation of this Act. 

(2) The State Monitoring Committee shall meet at least once in every six months and shall observe 

such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 

27.  Functions  of  the  State  Monitoring  Committee.—The  functions  of  the  State  Monitoring 

Committee shall be— 

(a) to monitor and advise the State Government and local authorities for effective implementation 

of this Act; 

(b) to co-ordinate the functions of all concerned agencies; 

12 

 
(c) to look into any other matter incidental thereto or connected therewith for implementation of 

this Act. 

28. Duty of States or Union territories to send periodic reports to the Central Government.—
Every  State  or  Union territory  Government  and  Union  territory  administration  shall  send  such  periodic 
reports  to  the  Central  Government  about  progress  of  implementation  of  this  Act,  as  the  Central 
Government may require. 

29. Central Monitoring Committee.—(1) The Central Government shall, by notification, constitute 

a Central Monitoring Committee in accordance with the provisions of this section. 

 (2) The Central Monitoring Committee shall consist of the following members, namely:— 

(a) The Union Minister for Social Justice and Empowerment—Chairperson, ex officio; 

(b) Chairperson of the National Commission for Scheduled Castes—member, ex officio; 

(c) Minister of State in the Ministry of Social Justice and Empowerment— member, ex officio; 

(d) Chairperson, National Commission for Safai Karamcharis— member, ex officio; 

(e)  the  Member  of  the  Planning  Commission  dealing  with  development  of  the  Scheduled 

Castes—member, ex officio; 

(f) three elected members of Parliament belonging to Scheduled Castes, two from the Lok Sabha 

and one from the Rajya Sabha; 

(g) Secretaries of the Ministries of,— 

(i) Social Justice and Empowerment, Department of Social Justice and Empowerment; 

(ii) Urban Development; 

(iii) Housing and Urban Poverty Alleviation; 

(iv) Drinking Water and Sanitation; 

(v) Panchayati Raj; 

(vi) Finance, Department of Financial Services; and 

(vii) Defence,  

members, ex officio; 

(h) Chairman, Railway Board—member, ex officio; 

(i) Director-General, Defence Estates— member, ex officio; 

(j)  representatives  of  not  less  than  six  State  Governments  and  one  Union  territory,  as  the 

Central Government may, notify; 

(k) not more than six social workers belonging to organisation working for the prohibition of 
manual  scavenging  and  rehabilitation  of  manual  scavengers,  or,  representing  the  scavenger 
community, resident in the country, to be nominated by the Chairperson, two of whom shall be 
women; 

(l) Joint Secretary, Department of Social Justice and Empowerment in the Ministry of Social 
Justice and Empowerment, looking after development of Scheduled Castes—Member-Secretary, 
ex officio; 

(m) such other representatives of Central Ministries or Departments and agencies which, in 

the opinion of the Chairperson, are concerned with the implementation of this Act. 

(3) The Central Monitoring Committee shall meet at least once in every six months. 

13 

 
 
 
30.  Functions  of  the  Central  Monitoring  Committee.—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; 

(b) to co-ordinate the functions of all concerned agencies; 

(c) to look into any other matter incidental to or connected with implementation of this Act. 

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  and  the  State  Governments  for  effective  implementation  of  the 

provisions of this Act. 

(d) to take suo motu notice of matter relating to non-implementation of this Act. 

(2)  In  the  discharge  of its functions  under sub-section  (1), the  National  Commission  shall have  the 
power  to  call  for  information  with  respect  to  any  matter  specified  in  that  sub-section  from  any 
Government or local or other authority. 

32.  Power  of  State  Government  to  designate  an  appropriate  authority  to  monitor  the 
implementation  of  this  Act.—(1)  The  State  Government  may,  by  notification,  designate  a  State 
Commission  for  Safai  Karamcharis  or  a  State  Commission  for  the  Scheduled  Castes  or  such  other 
statutory or other authority, as it deems fit, to perform, within the State,  mutatis mutandis, the functions 
specified in sub-section (1) of section 31. 

(2) 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. 

CHAPTER VIII 

MISCELLANEOUS 

33.  Duty  of  local  authorities  and  other  agencies  to  use  modern  technology  for  cleaning  of 
sewers,  etc.—(1)  It  shall  be  the  duty  of  every  local  authority  and  other  agency  to  use  appropriate 
technological appliances for cleaning of sewers, septic tanks and other spaces within their control with a 
view to eliminating the need for the manual handling of excreta in the process of their cleaning. 

(2)  It  shall  be  the  duty  of  the  appropriate  Government  to  promote,  through  financial  assistance, 

incentives and otherwise, the use of modern technology, as mentioned in sub-section (1). 

34. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against an appropriate Government or any officer of the appropriate Government or any member of the 
Committee for anything which is in good faith done or intended to be done under this Act. 

35.  Jurisdiction  of  civil  courts  barred.—No  civil  court  shall  have  jurisdiction  in  respect  of  any 
matter to which any provision of this Act applies and no injunction shall be granted by any civil court in 
respect of anything, which is done or intended to be done, by or under this Act. 

36. Power of appropriate Government to make rules.—(1) The appropriate Government shall, by 
notification, make rules for carrying out the provisions of this Act, within a period not exceeding three 
months from the date of commencement of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the obligation of an employer, under clause (d) of sub-section (1) of section 2; 

14 

 
(b) the manner in which the excreta fully decomposes under clauses (e) and (g) of sub-section (1) 

of  section 2; 

(c)  the  manner  of  carrying  out  survey  of  insanitary  latrine  and  publishing  list  thereof  under  

clause (a) of sub-section (1) of section 4; 

(d)  procedure  of  giving  notice  and  recovering  cost  of  demolition  of  an  insanitary  latrine  under 

sub-section (3) of section 5; 

(e) content and methodology of the survey under sub-section (2) of section 11; 

 (f)  the  eligibility  conditions  for  identification  of  manual  scavengers  and  publication  of 
provisional  list  of  persons  found  to  be  working  as  manual  scavengers  under  sub-section  (4)  of  
section 11; 

(g)  publication  of  final  list  of  persons  found  to  be  working  as  manual  scavengers  under  sub-

section (6) of section 11; 

(h) manner of application to be made to the Chief Executive Officer of the municipality, or to an 
officer authorised by him in this behalf, under sub-section (1) of section 12 or, as the case may be, 
sub-section (1) of section 15; 

(i)  provision  of  initial,  one  time,  cash  assistance  under  sub-clause  (ii)  of  clause  (a)  of  

sub-section (1) of section 13; 

(j) such other powers of Inspectors under clause (e) of sub-section (2) of section 20; and 

(k) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it 
is made, before each House of Parliament, while 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  Houses  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. 

(4) Every rule made under this Act by the State Government shall, as soon as may be after it is made, 
be laid before each House of State Legislature, where there are two Houses and where there is one House 
of State Legislature, before that House. 

37. Power of Central Government to make model rules.—(1) Notwithstanding anything contained 

in section 36 of this Act:— 

(a) the Central Government shall, by notification, publish model rules for the guidance and use of 

State Governments; and 

(b) in case the State Government fails to notify the rules under section 36 of this Act within the 
period of three months specified therein, then the model rules as notified by the Central Government 
shall be deemed to have come into effect, mutatis mutandis, in such State, till such time as the State 
Government notifies its rules. 

(2) The model rules made by the Central Government under this Act shall be laid, as soon as may be 
after they are made, before each House of Parliament while 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 Houses make any 
modification in the rule, the rule shall thereafter have effect only in such modified form; so, however, that 
any such modification shall be without prejudice to the validity of anything previously done under that 
rule. 

38. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 

15 

 
not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the 
removal of the difficulty: 

Provided that no such order shall be made in relation to a State after the expiration of three years from 

the commencement of this Act in that State. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

39. Power to exempt.—(1) The appropriate Government may, by a general or special order published 
in  the  Official  Gazette,  for  reasons  to  be  recorded,  and  subject  to  such  conditions  as  it  may  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,  bye-laws  or  scheme  made 
thereunder or dispense with the observance of any such requirement in a class or classes of cases, for a 
period not exceeding six months at a time. 

(2) Every general or special order made under this section shall be laid, as soon as may be after it is 
made, before each House of Parliament or each House of State Legislature, where there are two Houses 
and where there is one House of State Legislature, before that House. 

———— 

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