THE NATIONAL COMMISSION FOR SAFAI KARAMCHARIS ACT, 1993 

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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent, application, commencement, duration and savings. 
2.  Definitions. 

CHAPTER II 

THE NATIONAL COMMISSION FOR SAFAI KARAMCHARIS 

3.  Constitution of the National Commission for Safai Karamcharis. 
4.  Term of office and conditions of service of Chairperson, Vice-Chairperson and Members. 
5.  Officers and other employees of the Commission. 
6.  Vacancy, etc., not to invalidate the proceedings of the Commission. 
7.  Procedure to be regulated by the Commission. 

CHAPTER III 

FUNCTIONS AND POWERS OF THE COMMISSION 

8.  Functions and powers of the Commission 

CHAPTER IV 

MISCELLANEOUS 

9.  Chairperson, Vice-Chairperson and Members and staff of the Commission to be public servants. 
10.  Central Government to consult Commission. 
11.  Annual report. 
12.  Annual report to be laid before Parliament or the Legislative Assembly. 
13.  Delegation of powers. 
14.  Protection of action taken in good faith. 
15.  Power to make rules. 

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THE NATIONAL COMMISSION FOR SAFAI KARAMCHARIS ACT, 1993 

ACT NO. 64 OF 1993 

[4th September, 1993.] 

An  Act  to  constitute  a  National  Commission  for  Safai  Karamcharis  and  to  provide  for  matters 

connected therewith or incidental thereto. 

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

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent,  application,  commencement,  duration  and  savings.—(1) This  Act  may  be 

called the National Commission for Safai Karamcharis Act, 1993. 

(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. 

(4) It shall cease to have effect after the 2[29th day of February, 2004], except as respects things done 
or  omitted  to  be  done  before  such  cesser,  and  upon  such  cesser  section  6  of  the  General  Clauses  Act,  
1897 (10 of 1897), shall apply as if this Act had then been repealed by a Central Act. 

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

(a) “Chairperson” means the Chairperson of the Commission; 

(b)  “Commission”  means  the  National  Commission  for  Safai  Karamcharis  constituted  under 

section 3; 

(c) “Member” means a Member of the Commission; 

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

(e) “Safai Karamchari” means a person engaged in, or employed for, manually carrying human 

excreta or any sanitation work; 

(f) “Vice-Chairperson” means the Vice-Chairperson of the Commission. 

CHAPTER II 

THE NATIONAL COMMISSIONFOR SAFAI KARAMCHARIS 

3.  Constitution  of  the  National  Commission  for  Safai  Karamcharis.—(1)  The  Central 
Government shall, by notification in the Official Gazette, constitute a body to be known as the National 
Commission  for  Safai  Karamcharis  to  exercise  the  powers  conferred  on,  and  to  perform  the  functions 
assigned to, it under this Act. 

(2) The Commission shall consist of — 

(a) a Chairperson; 

(b) a Vice-Chairperson; 

(c) fiveMembers, 

1. 12th August, 1994, vide notification No. S.O. 591(E), dated 12th August, 1994, see Gazette of India, Extraordinary, Part II,  

sec. 3(ii). 

2. Subs. by Act 55 of 2001, s.2, for “31st day of March, 2002” (w.e.f. 13-12-2001). 

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to be nominated, from amongst the persons of eminence connected with the socio-economic development 
and welfare of Safai Karamcharis, by the Central Government: 

Provided that at least one of the Members shall be a woman. 

4.Term  of  office  and  conditions  of  service  of  Chairperson,  Vice-Chairperson  and            

Members.—(1) The Chairperson, Vice-Chairperson and every Member shall hold office for such period 
not exceeding three years as may be specified by the Central Government in this behalf or up to the 31st 
day of March, 1997, whichever is earlier. 

1[Provided  that  the  Chairperson,  Vice-Chairperson  and  every  Member  holding  office  as  such 
immediately before the commencement of the National Commission for Safai Karamcharis (Amendment) 
Act, 1997 (18 of 1997)shall vacate their respective offices on the 31st day of March, 1997: 

Provided  further  that  the  Chairperson,  Vice-Chairperson  and  every  Member  appointed  after  the 
commencement of the National Commission for Safai Karamcharis (Amendment) Act, 1997 (18 of 1997) 
shall hold office for such period not exceeding three years as may be specified by the Central Government 
in this behalf or up to the 31st day of March, 2002, whichever is earlier.] 

2[(1A) Notwithstanding anything contained in sub-section (1), the Chairperson, Vice-Chairperson and 
every  Member  appointed  on  or  after  the  16th  day  of  February,  2001,  shall  hold  office  for  a  period  not 
exceeding three years from the date of assumption of his office or up to the 29th day of February, 2004, 
whichever is earlier.]  

(2)  The  Chairperson,  Vice-Chairperson  or  a  Member  may,  by  notice  in  writing  addressed  to  the 
Central Government, resign from the office of Chairperson, Vice-Chairperson, or as the case may be, of 
the Member at any time. 

(3) The Central Government shall remove a person from the office of Chairperson, Vice-Chairperson 

or a Member if that person— 

(a) becomes an undischarged insolvent; 

(b)  is  convicted  and  sentenced  to  imprisonment  for  an  offence  which,  in  the  opinion  of  the 

Central 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; 

(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  Central  Government  has  so  abused  the  position  of  Chairperson,         

Vice-Chairperson or Member as to render that person’s continuance in 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)  A  vacancy  caused  under  sub-section  (2)  or  sub-section  (3)  or  otherwise  shall  be  filled  by  fresh 
nomination and a person so nominated shall hold office for the unexpired period of the term for which his 
predecessor in office would have held office if such vacancy had not arisen. 

1. Ins. by Act 18 of 1997, s.3 (w.e.f 25-3-1997). 
2. Ins. by Act 55 of 2001, s. 3 (w.e.f. 13-12-2001). 

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(5)  The  salaries  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of,  the 

Chairperson, Vice-Chairperson and Members shall be such as may be prescribed. 

5. Officers and  other employees of the Commission.—(1) The Central 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. 

6. Vacancy, etc., not to invalidate the proceedings of the Commission.—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. Procedure to be regulated  by the Commission.—(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. Functions and powers of the Commission.—(1) The Commission shall perform all or any of the 

following functions namely:— 

(a) recommend to the Central Government specific programmes of action towards elimination of 
inequalities  in  status,  facilities  and  opportunities  for  Safai  Karamcharis  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  Karamcharis  and  make  recommendations  to  the  Central 
Government and State Governments for better co-ordination and implementation of such programmes 
and schemes; 

(c) 

investigate  specific  grievances  and 

take  suo  moto  notice  of  matters  relating 

to                       

non-implementation of— 

(i) programmes or schemes in respect of any group of Safai Karamcharis; 

(ii)  decisions,  guidelines  or  instructions,  aimed  at  mitigating  the  hardship  of  Safai 

Karamcharis; 

(iii) measures for the social and economic up liftment of Safai Karamcharis; 

(iv) the provisions of any law in its application to Safai Karamcharis, 

and take up such matters with the concerned authorities or with the Central or State Governments; 

(d) make periodical reports to the Central and State Governments on any matter concerning Safai 
Karamcharis,  taking  into  account  any  difficulties  or  disabilities  being  encountered  by  Safai 
Karamcharis; 

(e) any other matter which may be referred to it by the Central 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 any Government or local or 
other authority. 

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CHAPTER IV 

MISCELLANEOUS 

9.  Chairperson,  Vice-Chairperson  and  Members  and  staff  of  the  Commission  to  be  public 
servants.—The  Chairperson,  Vice-Chairperson,  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). 

10.  Central  Government  to  consult  Commission.—The  Central  Government  shall  consult  the 

Commission on all major policy matters affecting Safai Karamcharis. 

11. Annual report.—The Commission shall prepare in such form and at such time for each financial 
year  as  may  be  prescribed  its  annual  report  giving  a  full  account  of  its  activities  during  the  previous 
financial year and forward a copy thereof to the Central Government. 

12.  Annual  report  to  be  laid  before  Parliament  or  the  Legislative  Assembly.—(1)  The  Central 
Government  shall  cause  the  annual  report  to  be  laid  before  each  House  of  Parliament  along  with  the 
memorandum  explaining  the  action  taken  or  proposed  to  be  taken  on  the  recommendations  contained 
therein in so far as they relate to the Central Government and the reasons for non-acceptance, if any, of 
any such recommendation. 

(2) Where the said report or any part thereof relates to any matter with which a State Government is 
concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be 
laid before the Legislature of the State along with a memorandum explaining the action taken or proposed 
to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of 
any such recommendation or part. 

13.  Delegation  of  powers.—The  Commission  may,  by  general  or  special  order,  delegate  to  the 
Chairperson,  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. 

14. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Central Government, Commission, Chairperson, Vice-Chairperson, Members or any officer 
or  other employee  of the Commission  for anything  which is  in  good faith  done  or  intended  to  be  done 
under this Act. 

15. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the provisions of this Act. 

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

provide 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 
Chairperson, Vice-Chairperson and Members under sub-section (5) of section 4 and of officers and 
other employees of the Commission under sub-section (2) of section5; 

(b) the form in, and the time at, which the annual report shall be prepared under section 11; 

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

(3) Every rule made 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  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. 

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