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THE NATIONAL COMMISSION FOR SAFAI KARAMCHARIS Act, 1993


Published: 2015-09-04

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THE NATIONAL COMMISSION FOR SAFAI KARAMCHARIS Act, 1993

NO. 64 OF 1993

[4th September



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:-





CHAP

PRELIMINARY



CHAPTER I



PRELIMINARY





1.

Short title, extent application, commencement, duration and savings.



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 31st day of March,

1997, 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1897 (10 of 1897), shall apply as if this Act had then been repealed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.



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1. 12-8-1994 : Vide Notification No. s.o 591(E), dt. 12-8-1994.

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2.

Definitions.



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.







CHAP

THE NATIONAL COMMISSION FOR SAFAI KARAMCHARIS



CHAPTER II



THE NATIONAL COMMISSION FOR SAFAI KARAMCHARIS





3.

Constitution of the National Commission for 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) five Members,



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 Member.



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

Vice-Chairperson and Member. (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.



(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;











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(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.



(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.



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.



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.



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.







CHAP

FUNCTIONS AND POWERS OF THE COMMISSION



CHAPTER III



FUNCTIONS AND POWERS OF THE COMMISSION





8.

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;









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(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 upliftment 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 Karam-

charis;



(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.





CHAP

MISCELLANEOUS



CHAPTER IV



MISCELLANEOUS





9.

Chairperson, Vice-Chairperson and Members and staff of the Commissionto be

public servants.



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.



10. Central Government to consult Commission. The Central

Government shall consult the Commission on all major policy matters

affecting Safai Karamcharis.





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11.

Annual report.



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 LegislativeAssembly.



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.



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.



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.



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 section 5;



(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.







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(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.