THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY 
LATRINES (PROHIBITION) ACT, 1993 
_________ 

ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINAR 

SECTIONS 

1.  Short title, application and commencement. 
2.  Definitions. 

CHAPTER II 
PROHIBITION OF EMPLOYMENT OF MANUAL SCAVENGERS, ETC. 

3.  Prohibition of employment of manual scavengers, etc. 
4.  Power to exempt. 

CHAPTER III 

IMPLEMENTING AUTHORITIES AND SCHEMES 

5.  Appointment of Executive Authorities and their powers and functions. 
6.  Power of State Government to make schemes. 
7.  Power of State Government to issue directions. 
8.  Executive Authorities, inspectors, officers and other employees of such authorities to be public 

servants. 

9.  Appointment of inspectors and their powers of entry and inspection. 
10.  Power of Executive Authority to prevent environmental pollution in certain cases. 
11.  Duty of HUDCO to extend financial assistance in certain cases. 
12.  Power to levy fee. 
13.  Constitution of committees. 

CHAPTER IV 

PENALTIES AND PROCEDURE 
14.  Penalty for contravention of the provisions of the Act and rules, orders, directions and schemes. 
15.  Offences by companies. 
16.  Offences to be cognizable. 
17.  Provision in relation to jurisdiction. 
18.  Limitation of prosecution. 

CHAPTER V 

MISCELLANEOUS 

19.  Information, reports or returns. 
20.  Protection of action taken in good faith. 
21.  Effect of other laws and agreements inconsistent with the Act. 
22.  Power of Central Government to make rules. 
23.  Power of State Government to make rules. 
24.  Power to remove difficulties. 

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THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY 
LATRINES (PROHIBITION) ACT, 1993 
ACT NO. 46 OF 1993 

[5th June, 1993.] 
An  Act  to  provide  for  the  prohibition  of  employment  of  manual  scavengers  as  well  as 
construction  or  continuance  of  dry  latrines  and  for  the  regulation  of  construction  and 
maintenance of water-seal latrines and for matters connected therewith or incidental thereto. 
WHEREAS fraternity assuring the dignity of the individual has been enshrined in the Preamble to the 

Constitution; 

AND WHEREAS article 47 of the Constitution, inter alia, provides that the State shall regard raising the 

standard of living of its people and the improvement of public health as among its primary duties; 

AND WHEREAS the dehumanizing practice of manual scavenging of human excreta still continues in 

many parts of the country; 

AND  WHEREAS  the  municipal  laws  by  themselves  as  a  measure  for  conversion  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 ban the further proliferation of dry latrines in the country; 

AND  WHEREAS  it  is  desirable  for  eliminating  the  dehumanising  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 construction; 

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,  Goa,  Karnataka, 
Maharashtra, Tripura and West Bengal that the matters aforesaid should be regulated in those States by 
Parliament by law; 

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

CHAPTER I 

PRELIMINARY 

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

Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. 

(2)  It  applies  in  the  first  instance  to  the  whole  of  the  States  of  Andhra  Pradesh,  Goa,  Karnataka, 
Maharashtra, Tripura and West Bengal and to all the Union territories and it shall also apply to such other 
State  which  adopts  this  Act  by  resolution  passed  in  that  behalf  under  clause  (1)  of  article  252  of  the 
Constitution. 

(3) It shall come into force in the States of Andhra  Pradesh, Goa, Karnataka,  Maharashtra, Tripura 
and  West  Bengal  and  in  the  Union  territories  on  such  date1  as  the  Central  Government  may,  by 
notification, appoint and in any other State which adopts this Act under clause (1) of article 252 of the 
Constitution, on the date of such adoption. 

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

(a) “area”, in relation to any provision of this Act, means such area as the State Government may, 

having regard to the requirements of that provision, specify by notification; 

1. 26th January, 1997, vide notification No. S.O. 58(E), dated 24th January, 1997, see Gazette of India, Extraordinary, Part II,     

sec. 3(ii). 
Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the fifth 
Schedule (w.e.f. 31-10-2019). 

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(b) “building” means a house, out-house, stable, latrine, urinal, sheet house, hut, wall (other than 
a boundary wall) or any other structure whether made of masonry, bricks, wood, mud, metal or other 
material; 

(c) “dry latrine” means a latrine other than a water-seal latrine; 

(d) “environment” includes water, air and land and the inter-relationship which exists among and 
between  water,  air  and  land  and  human  beings,  other  living  creatures,  plants,  micro-organism  and 
property; 

(e)  “environmental  pollutant”  means  any  solid,  liquid  or  gaseous  substance  present  in  such 

concentration as may be, or tend to be, injurious to environment; 

(f)  “environmental  pollution”  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 (1 of 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; 

(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 water-seal of 20 millimetres diameter in which human excreta is pushed in or flushed by 
water. 

CHAPTER II 

PROHIBITION OF EMPLOYMENT OF MANUAL SCAVENGERS, ETC. 

3. Prohibition of employment of manual scavengers, etc.—(1) Subject to 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— 

(a)  engage  in  or  employ  for  or  permit  to  be  engaged  in  or  employed  for  any  other  person  for 

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. 

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  may  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 

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with  such  provisions  or  such  requirement  is  or  ought  to  be  exempted  or  dispensed  with  in  the 
circumstances of the case. 

CHAPTER III 

IMPLEMENTING AUTHORITIES AND SCHEMES 

5.  Appointment  of  Executive  Authorities  and  their  powers  and  functions.—(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. 

6. Power of State Government to make schemes.—(1) The State Government may, by notification, 
make one or more schemes for regulating conversion of dry latrines into, or construction and maintenance 
of,  water-seal  latrines,  rehabilitation  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 socially and 

economically backward classes of citizens; 

(e) registration of manual scavengers and their rehabilitation; 

(f) specification and standards of water-seal latrines; 

(g) procedure for conversion of dry latrines into water-seal latrines; 

(h) licensing for collection of fees in respect of community latrines or shared latrines. 

7.  Power  of  State  Government  to  issue  directions.—Notwithstanding  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 
or local or other authority and such person, officer or a local or other authority shall be bound to comply 
with such directions. 

8.  Executive  Authorities,  inspectors,  officers  and  other  employees  of  such  authorities  to  be 
public  servants.—All  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 

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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 (45 of 1860). 

9.  Appointment  of  inspectors  and  their  powers  of  entry  and  inspection.—(1)  The  State 
Government  may,  by  notification,  appoint  such  persons  as  it  may  think  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)  Every  inspector  within  the  local  limits  of  jurisdiction  of  an  Executive  Authority  shall  be 

subordinate to such authority. 

(3) Subject to any rules made 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 been or is being or is about to be committed and to prevent or mitigate environmental pollution. 

10. Power of Executive Authority to prevent environmental pollution in certain cases.—(1) On 
receipt of information with respect to the fact or apprehension of any occurrence of contravention of the 
provisions  of  section  3,  whether  through  intimation  by  some  person  or  on  a  report  of  the  inspector  or 
otherwise, the Executive Authority shall, as early as practicable, besides taking any other action under this 
Act, direct the owner or occupier of the premises to take such remedial measures, as may be necessary, 
within such reasonable time as may be  specified therein and in case the owner  or occupier, as the case 
may be, fails to comply with such directions, cause such remedial measures to be taken as are necessary 
to prevent or mitigate the environmental pollution at the cost of such owner or occupier of the premises. 

(2) The expenses, if any, incurred by the Executive Authority with respect to the remedial measures 
referred  to  in  sub-section  (1),  together  with  interest  at  such  rate  as  the  State  Government  may  specify 
from the date when a demand for the expenses is made until it is paid, may be recovered by such authority 
or agency from the person concerned as arrears of land revenue or of public demand. 

11.  Duty  of  HUDCO  to  extend  financial  assistance  in  certain  cases.—(1)  Notwithstanding 
anything contained in its Memorandum of Association or Articles of Association or schemes for the grant 
of loans for housing and urban development, it shall be the duty of HUDCO to extend, in suitable cases, 
financial assistance for the implementation of such schemes for the construction of water-seal latrines as 
may be made under section 6. 

(2) The financial assistance referred to in sub-section (1) may be extended by HUDCO on such terms 
and conditions (including on easy and concessional rates of interest) and in such manner as it may think 
fit in each case or class of cases. 

12. Power to levy fee.—Any order or  scheme which  the State Government is empowered to make 
under this Act may, notwithstanding the absence of any express provision to that effect, provide for levy 
of fees in respect of— 

(a) community latrines constructed under a scheme on pay and use basis; or 

(b) shared latrines constructed under a scheme; or 

(c) supply of copies of documents or orders or extracts thereof; or 

(d) licensing of contractors for construction of water-seal latrines; or 

(e)  any  other  purpose  or  matter  involving  rendering  of  service  by  any  officer,  committee  or 

authority under this Act or any rule, direction, order or scheme made thereunder: 

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Provided that the State Government may, if it considers necessary so to do, in the public interest, by 
general or special order published in the Official Gazette, grant exemption on such grounds as it deems fit 
from the payment of any such fee either in part or in full. 

13. Constitution of committees.—(1) The Central Government may, by notification, constitute— 

(a) one or more Project Committees for appraising of the schemes for the construction of water-

seal latrines in the country; 

(b) one or more Monitoring Committees to monitor the progress of such schemes; 

(c)  such  other  committees  for  such  purposes  of  the  Act  and  with  such  names  as  the  Central 

Government may deem fit. 

(2)  The  composition  of  the  committees  constituted  by  the  Central  Government,  the  powers  and 
functions thereof, the terms and conditions of appointment of the members of such committees and other 
matters connected therewith shall be such as the Central Government may prescribe. 

(3) The members of the committees under sub-section (1) shall be paid such fees and allowances for 

attending the meetings as may be prescribed. 

(4) The State Government may, by notification, constitute— 

(a)  one  or  more  State  Co-ordination  Committees  for  coordinating  and  monitoring  of  the 
programmes for the construction of water-seal latrines in the State and rehabilitation 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; 

(b)  such  other  committees  for  such  purpose  of  the  Act  and  with  such  names  as  the  State 

Government may deem fit. 

(5) The composition of the committees constituted by the State Government the powers and functions 
thereof,  the  terms  and  conditions  of  the  members  of  such  committees  and  other  matters  connected 
therewith shall be such as the State Government may prescribe. 

(6) The members of the committees under sub-section (4) shall be paid such fees and allowances for 

attending the meetings as may be prescribed. 

CHAPTER IV 

PENALTIES AND PROCEDURE 

14.  Penalty  for  contravention  of  the  provisions  of  the  Act  and  rules,  orders,  directions  and 
schemes.—Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules or 
schemes  made  or  orders  or  directions  issued  thereunder,  shall,  in  respect  of  each  such  failure  or 
contravention  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  one  year  or  with  fine, 
which  may  extend  to  two  thousand  rupees,  or  with  both,  and  in  case  the  failure  or  contravention 
continues, with additional fine which may extend to one hundred rupees for every day during which such 
failure or contravention continues after the conviction for the first such failure or contravention. 

15. Offences by companies.—(1) If the person committing an offence under this Act is a company, 
the company as well as every person in charge of, and responsible to, the company for the conduct of its 
business  at  the  time  of  the  commission  of  the  offence,  shall  be  deemed  to  be  guilty  of the  offence  and 
shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

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

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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. 

16.  Offences  to  be  cognizable.—Notwithstanding  anything  contained  in  the  Code  of  Criminal 

Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable. 

17. Provision in relation to jurisdiction.—(1) No court inferior to that of a Metropolitan Magistrate 

or a Judicial Magistrate of the first class shall try any offence under this Act. 

(2) No prosecution for any offence under this Act shall be instituted except by or with the previous 

sanction of the Executive Authority. 

(3) No court shall take cognizance of any offence under this Act except upon a complaint made by a 

person generally or specially authorised in this behalf by the Executive Authority. 

18. Limitation of prosecution.—No court shall take cognizance of an offence punishable under this 
Act  unless  the  complaint  thereof  is  made  within  three  months  from  the  date  on  which  the  alleged 
commission of the offence came to the knowledge of the complainant. 

CHAPTER V 

MISCELLANEOUS 

19.  Information,  reports  or  returns.—The  Central  Government  may,  in  relation  to  its  functions 
under  this  Act,  from  time  to  time,  require  any  person,  officer,  State  Government  or  other  authority  to 
furnish  to  it,  any  prescribed  authority  or  officer  any  reports,  returns,  statistics,  accounts  and  other 
information as may be deemed necessary and such person, officer, State Government or other authority, 
as the case may be, shall be bound to do so. 

20. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall 
lie  against  the  Government  or  any  officer  or  other  employee  of  the  Government  or  any  authority 
constituted under this Act or executing any scheme made under this Act or any member, officer or other 
employee of such authority or authorities in respect of anything which is done or intended to be done in 
good  faith  in  pursuance  of  this  Act  or  the  rules  or  schemes  made,  or  the  orders  or  directions  issued, 
thereunder. 

21. Effect of other laws and agreements inconsistent with the Act.—(1) Subject to the provisions 
of  sub-section  (2),  the  provisions  of  this  Act,  the  rules,  schemes  or  orders  made  thereunder  shall  have 
effect  notwithstanding  anything  inconsistent  therewith  contained  in  any  enactment  other  than  this  Act, 
custom, tradition, contract, agreement or other instrument. 

(2) If any act or omission constitutes an offence punishable under this Act and also under any other 
Act, then, the offender found guilty of such offence shall be liable to be punished under the other Act, and 
not under this Act. 

22.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification, make rules to carry out the provisions of this Act. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any 

of the following matters, namely:— 

(i)  the  composition  of  the  Project  Committees,  Monitoring  Committees  and  other  committees 
constituted by the Central Government under sub-section (1) of section 13, the powers and functions 
thereof,  the  number  of  members  and  their  terms  and  conditions  of  appointment  and  other  matters 
connected therewith; 

(ii) the fees and allowances to be paid to the members of the committees constituted under sub-

section (1) of section 13. 

(3) Every rule made by the Central Government under this Act, 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 

7 

 
session immediately following the session or the successive sessions aforesaid, 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. 

23. Power of State Government to make rules.—(1) The State Government may, by notification, 
make rules, not being a matter for which the rules are or required to be made by the Central Government, 
for carrying out the provisions of this Act. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any 

of the following matters, namely:— 

(i) the composition of the State Co-ordination Committees  and other committees constituted by 
the  State  Government  under  sub-section  (4)  of  section  13,  the  powers  and  functions  thereof,  the 
number  of  members  and  their  terms  and  conditions  of  appointment  and  other  matters  connected 
therewith; 

(ii) the fees and allowances to be paid to the members of the committees constituted under sub-

section (4) of section 13; 

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

(3) Every rule and every scheme made by the State Government under this Act shall be laid, as soon 

as may be after it is made, before the State Legislature. 

24. 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, 
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. 

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