The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013


The Government of India has enacted the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (Act No.25 of 2013)with G.O.Ms.No. 30 Dated: 18.02.2014. The Act provides detailed provisions for self guarding the interests of Manual Scavengers, while prohibiting the Act the identification of insanitary latrines and employment and engagement of manual scavengers with the exception of Indian Railways. Special focus has also been given for the identification of manual scavengers in Urban and Rural Areas and their Rehabilitation within a specified time frame. For the purpose of implementing the provisions of the Act, the powers have been assigned to the State, District & Sub divisional levels. With a view to oversee the implementation of provisions of the Act, Monitoring Committees and Vigilance Committees at the State Level / division level have been constituted vide Section 24 and 26 of the Act.

2. The Government after careful consideration of the issue have decided to constitute the Committees.

3. Accordingly, the following notification shall be published in the Extraordinary Issue of the A.P. Gazette, dated.18-02-2014.

NOTIFICATION

In exercise of the powers conferred under sections 24 and 26 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (Act 25 of 2013), the Government hereby constitute the following committees.

STATE MONITORING COMMITTEE

The State Monitoring Committee shall be as follows :-
(a) Chief Minister – Chairperson
(b) Minister for Social Welfare – Member
(c) Chairperson, State Commission for Scheduled Castes/Safai Karamcharis – Member
(d) National Commission’s representative for Safai Karamcharis & Scheduled Castes – Member
(e) Two MLAs nominated by the State Government – Members
(f) The Director-General of Police – Member
(g) Principal Secretary to Government, Home – Member
(h) Principal Secretary to Govt, Panchayat Raj – Member
(i) Principal Secretary to Govt., MA&UD – Member
(j) Principal Secretary to Govt. ,Rural Development – Member
(k) Principal Secretary to Govt., Finance – Member
(l) Chief Executive Officers-Municipal Corporation, Panchayat at
District –level, Cantonment Board and Railway authority – Member
(m) Four (4) Social workers working for rehabilitation of manual scavengers / scavenger community/resident in the
State nominated by the State Government, two of whom shall be women – Member
(n) Chairman/ Convenor of the State Level Bankers’ Committee – Member
(o) Principal Secretary to Govt. Social Welfare Department – Member

4. 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.

The State Monitoring Committee shall perform the following functions:-

(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

(c) To look into any other matter incidental thereto or connected therewith for implementation of this Act.

VIGLANCE COMMITTEE

The Vigilance Committee at the District level shall be as follows:-

District Vigilance Committee –

(a) The District Magistrate – Chairperson, ex officio;

(b) All SC MLA’s of the District – Member

(c) District superintendent Police – Member, ex officio;

(d) The Chief Executive Officer of –
i. The District Panchayat Officer – 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 – Member, ex Officio;
(f) Not more than four social workers belonging to organization 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) Head District Manager,DCBC Bank – Member, ex officio;
(h) Joint Director/Deputy Director
Social Welfare – Member-Secretary, ex officio;
(i) Project Director, DWMA – Member
(j) Superintendent Engineer,
Rural Water Supply – Member
(k) Superintendent Engineer, Panchayat Raj- Member
(l) District Manager, Housing – Member
(m) President, Zilla Mahila Samakhya – Member

Vigilance Committee at the Sub-Division level shall be as follows:
(a) The Sub-Divisional Magistrate/ PO/ITDA within the ITDA area – Chairperson, ex officio;
(b) Chairpersons & Mandal Parishad Development Officer of the Mandal Parja Parishad within the Sub Division – Member, ex officio;
(C) Two Chair persons of two Gram Panchayats to be nominated by the SDM – Member, ex officio;
(d) The Sub-Divisional Officer of Police – Member, ex officio;
(e) Chief Executive Officer of
(i) The Municipality of the
Sub-Divisional headquarters – Member, ex officio
(ii) Cantonment Board, if any, situated in the Sub-Division – Member, ex officio
(f) One representative to be nominated by the railway authority located in the Sub-Division – Member, ex officio;
(g) 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; – Member, ex officio
h) One person to represent the financial and credit institutions in the Sub-Division, to be nominated by the Sub-Divisional Magistrate; – Member, ex officio
(i) Assistant Social Welfare Officer – Member-Secy, ex officio;
(j) Representatives of the Rural Water Supply/Panchayat Raj – Member, ex officio
(k) Divisional level Panchayat Officer – Member, ex officio
(l) President, Mandal Mahila Samakhya at the Headquarters – Member, ex officio

5. Each Vigilance Committee constituted at district and Sub-Divisional level shall meet at least once in every three months.

6. No proceedings of Vigilance Committees shall be invalid merely by reason of any defect in its constitution.

The Vigilance Committee shall perform the following functions:-
(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 there under 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 channelize adequate credit for the rehabilitation of manual scavengers;
(d) To monitor the registration of offences under this Act and their investigation and prosecution.
7. The above Committee may be constituted forthwith by the District Magistrate and Sub-Divisional Magistrate and a compliance report sent to the Government within a week.
8. The Social Welfare D

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